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NY L82131





January 24, 2005

CLA-2-42:RR:NC:TA:341 L82131

CATEGORY: CLASSIFICATION

TARIFF: 4202.22.8050; 4202.22.1500

Ms. Genevieve M. Rafter Keddy
J.M. Customs Brokers, Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of a child’s handbags from China.

Dear Ms. Keddy:

In your letter dated January 6, 2005, on behalf of Prestige Toy Corp., you requested a classification ruling for a child’s handbags.

You have submitted three samples of a child’s handbags. No style numbers were submitted. Two styles are mainly constructed of man-made textile material and one style is mainly of transparent polyvinyl chloride (PVC) sheeting. Their size ranges from approximately 6” x 5” x 4” to 7” x 5 ½” x 2 ½”. Each bag has a top carrying handle and flap with hook and loop closure.

The applicable subheading for the handbags of man-made fiber textile material will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem

The applicable subheading for the handbag of PVC sheeting will be 4202.22.1500, HTS, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of sheeting of plastic. The duty rate will be 16 percent ad valorem.

HTS 4202.22.8050 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

We note that the samples submitted were not marked with the country of origin. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We recommend that each bag be marked by means of a sewn-in fabric label, which will be conspicuously located so that the ultimate purchaser will be able to determine the country of origin.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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