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NY M80731

March 16, 2006

CLA-2-42:RR:NC:3:341 M80731


TARIFF NO.: 4202.91.0030

Ms. Gail T Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad St.
New York, NY 10004

RE: The tariff classification of shopper/tote bags from China

Dear Ms. Cumins:

In your letter dated February 28, 2006 you requested a tariff classification ruling. The request is on behalf of Michael Kors.

You have submitted two samples of shopper type tote bags that are said to be of leather. It is assumed the leather is not coated or covered with a film of plastics. The bags are identified as being part of the “Astor” line of merchandise. The samples will be returned as requested.

Style 30S61ATP2L (31342) is a shopper type tote bag also known as a satchel. It has an overall measurement of approximately 16” w x 11” h x 5” d. The bag has full width top zipper and double leather straps that have a drop of approximately 8”. The interior is lined with textile materials and has a single storage area not otherwise compartmented. The lining is fitted with a cell phone pocket, three slide pockets and a zippered security pocket. It has a leather tether with a metal swivel lobster claw clasp permanently affixed to the lining. The exterior of the tote is decorated with metal studs.

Style 30F51ATS3L (27962) is an overnighter type tote bag also known as a satchel or weekender. It has an overall measurement of approximately 18” w x 12” h x 8” d. The bag has full width top zipper and double leather straps that have a drop of approximately 8.5”. All other features are substantially the same as style 30S61ATP2L.

Please note, 19 USC 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 the English The marking statute, section 304 of the Tariff Act of 1930, as amended (19 name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The submitted samples are marked by means of a label sewn into the inner seam at a point approximately 3” from the uppermost edge of the bag. The label is mostly placed under the bag’s seam and turned inward so that the print is obscured. The current method of marking does not satisfy the requirements of 19 USC 1304 ion that it is not conspicuous nor legible. It is recommended that the label be placed at a point not less than 1” from the top edge of the bag and that the print be visible on the outer surface of the label.

The applicable subheading for the shopper/tote bags will be 4202.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for travel sport and similar bags, with outer surface of leather, other. The rate of duty will be 4.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.


Robert B. Swierupski

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