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NY N010780





May 21, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.4030, 4202.22.4500

Bernadette Daniels
Genghis Kan Freight Service Inc.
161-15 Rockaway Boulevard, Suite 306
Jamaica, NY 11434

RE: The tariff classification of evening bags from India

Dear Ms. Daniels:

In your letter dated May 3, 2007, you requested a classification ruling on behalf of your client, Barganza Inc.

The samples submitted with your request are handbags designed to carry money, keys, and small accessories by a woman on a daily basis.

Style 66-26020 is constructed with an exterior surface of rayon textile material that is partially covered with plastic and glass beads. The bag features a single, permanently attached shoulder strap of braided cord. The top opening of the bag is reinforced by a metal frame and secured by a center metal clasp. The interior of the bag is lined and contains a small open pocket. The bag is being retained by this office as an official sample.

Style 66-22922R is constructed with an exterior surface of cotton textile material that is partially covered with beads which you state are glass. The bag features a single, lined interior compartment with one zippered pockets and a permanently attached shoulder strap of twisted cords. The sample is being returned to you.

In your letter, you suggest the bags are properly classifiable in subheading 7018.90.5000 which provides for glass beads and articles thereof. The Explanatory Notes to heading 7018, HTSUS, exclude from that heading handbags and similar articles of fabric decorated with glass beads.

The applicable subheading for style 66-26020 will be 4202.22.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, whether or not with shoulder strapwith outer surface of textile materials, wholly or in part of braid, other, other, of man-made fibers. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for style 66-22922R will be 4202.22.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, whether or not with shoulder strap, including those without handles, with outer surface of textile materials and not of pile or tufted construction, other, of cotton. The duty rate will be 6.3 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/.

HTSUS 4202.22.4030 falls within textile category 670. HTSUS 4202.22.4500 falls within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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