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NY 885737



May 21, 1993

CLA-2-42:S:N:N6:341 885737

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Mr. Federico C. Zuniga
F. Zuniga, Inc.
P.O. Box 692
Laredo, TX 78042-0692

RE: The tariff classification of a tote bag and backpack from Mexico.

Dear Mr. Zuniga:

In your letter dated April 26, 1993, on behalf of Tri-Con Industries, you requested a tariff classification ruling for a tote bag and backpack.

You have submitted two samples described as a "Keepsack Karacter" tote bag and backpack said to be assembled in Mexico. You have submitted breakdowns that indicate that the items are composed of 100% cotton. They are unlined, and measure approximately 14" x 15 1/2" with 5" gussets.

The applicable subheading for the tote bag and backpack said to be of 100 percent cotton 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 Mexico are subject to visa requirements.

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.

It has been noted that the articles submitted for a binding ruling are not legally marked. The reference to assembled in Mexico is not as conspicuously marked as the articles will permit. As provided by CFR 134.47, the assembled in Mexico must appear on the same side of the fabric label as the American flag symbol.

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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