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NY 878314




September 22, 1992

CLA-2-42:S:N:N3H:341 878314

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.4000; 4202.92.1500

Mr. Ruben T. Pangilinan
Panalpina, Inc.
34 Exchange Place
Harborside Financial Center
Jersey City, NJ 07311-3991

RE: The tariff classification of a three piece, waist bag set from Germany.

Dear Mr. Pangilinan:

In your letter dated September 15, 1992, on behalf of M.C.M. GMBH, you requested a classification ruling.

You have submitted a sample of a three piece, waist bag set. The set includes the waist bag, a key case and a billfold. Each piece is essentially of textile material, trimmed with leather. The textile portion is said to be 60% cotton fibers and 40% nylon (polyamide) fibers by weight. Your sample is being returned as you requested.

The applicable subheading for the waist bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for ...travel, sports and similar bags, with outer surface of textile materials ...of cotton. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the key case and for the billfold will be 4202.32.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for ...articles of a kind normally carried in the pocket or in the handbag ...with outer surface of textile materials ...of cotton. The duty rate will be 7.2 percent ad valorem.

We note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, each of the items in the set will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the items would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "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 container) will permit". It is recommended that each item be marked by a sewn-in fabric label placed in a conspicuous location which is legible to the ultimate consumer.

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,


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