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NY 880305



December 3, 1992

CLA-2-42:S:N:N6:341 880305

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 6211.42.0080

Mr. Ivan Cohen
Westwater Enterprises, L.P.
533 South Ave. West
Westfield, NJ 07090

RE: The tariff classification of a tote bag, a lunch bag and an apron from China.

Dear Mr. Cohen:

In your letter dated November 11, 1992, you requested a tariff classification ruling on a tote bag, a lunch bag and an apron.

You have submitted three samples with your request, identified as items 1, 2, and 3. They are as follows:

Item #1 is an open top double handle tote bag constructed of 100% cotton woven fabric. It is unlined and measures approximately 15" x 12 1/2" with 4" gussets.

Item #2 is a lunch bag constructed of 100% cotton woven fabric. It measures approximately 7" x 11 1/2" with 3" gussets. The top is secured by means of a hook and loop closure.

Item #3 is an apron consisting of 100% cotton woven fabric. The garment covers the entire front of the torso and has a textile strap that extends around the neck and a tie fastener at the waist.

The applicable subheading for Items #1, and #2, the tote bag and lunch bag of 100% cotton woven fabric, 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 vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7.2 percent ad valorem.

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

The applicable subheading for Item #3, the apron of 100% cotton woven fabric, will be 6211.42.0080, HTS, which provides for Track suits, ski-suits and swimwear; Other garments, women's or girls': Of cotton... Other: Other. The duty rate will be 8.6 percent ad valorem.

Items classifiable under 6211.42.0080 fall within textile category designation 359. 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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