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NY N018773




October 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Francine Ramsey
Hampton Direct, Inc.
350 Pioneer Drive
Williston, VT 05495

RE: The tariff classification of nested toiletry bags from China

Dear Ms. Ramsey:

In your letter dated October 17, 2007, you requested a classification ruling. The sample which you submitted is being retained by this office.

The sample submitted is identified as “Cheetah print toiletry bags,” style 63080. The bags are constructed with an outer surface of man-made textile material. The bags comprise a set of five toiletry bags nested one inside the other, so that the smaller bag fits within the next larger size bag. The smallest bag in the set resembles a coin purse. The largest bag in the set serves to organize and store the smaller bags when they are used in conjunction with one another. Each bag has one textile-lined, zippered compartment. They are designed to provide storage, protection, and portability to cosmetics or toiletry items during travel. As the bags are packaged nested one inside the other, it is the largest bag which is visible to the consumer at the point of sale. The largest bag lends the essential character to the set and therefore the set will be classified as travel bags. The bags range in size from the smallest being 3.5” (W) x 3” (H) to the largest being 8” (W) x 5.5” (H).

The applicable subheading for the toiletry bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 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 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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