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NY 870577

January 29, 1992

CLA-2-42:S:N:N3G:341 870577

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.2000; 4202.92.1500

Mr. George W. MacFarlane
Aire Hosiery Co., Inc.
1020 28th Street
Orlando, FL 32805-6177

RE: The tariff classification of mesh shopping bags from China.

Dear Mr. MacFarlane:

In your letter dated January 9, 1992, you requested a tariff classification ruling.

You have submitted three samples of unfinished mesh open top double handle shopping bags constructed of 55% ramie/45% cotton textile materials. They are unlined and measures approximately 24 inches in length and 11 inches in width.

You have indicated that these items will be imported with the bottom seam unstitched to be worn as over-the-head garments. However, in the condition as imported the items are not considered to be wearing apparel. This decision applies to these styles only.

You have also requested the proper classification for the unfinished shopping bags if constructed of 100% cotton textile material.

The applicable subheading for the unfinished shopping bags of 55% ramie/45% cotton, will be 4202.92.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, other. The duty rate will be 6.5 percent ad valorem.

The applicable subheading for the unfinished shopping bags if constructed of 100% cotton textile material, will be 4202.92.1500, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7.2 percent ad valorem.

Items classifiable under 4202.92.2000 fall within textile category designation 870. Based upon international textile trade agreements, products of China are subject to visa requirements.

Items classifiable under 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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