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NY 894157




February 14, 1994

CLA-2-42:S:N:N6:341 894157

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030; 4202.92.4500

Ms. Kim Walton
Kuehne & Nagel, Inc.
Dallas Branch
1104 E. Dallas Rd. - Suite 100
Grapevine, TX 76051

RE: The tariff classification of a toiletry bag and a travel bag from China.

Dear Ms. Walton:

In your letter dated January 19, 1994, on behalf of Mary Kay Cosmetics, Inc., you requested a tariff classification ruling for a toiletry bag and a travel bag.

You have submitted two samples with your request, identified as part numbers 10-463600-01 and 10-222100-01. They are as follows:

Part #10-463600-01, described as a "Mens Dopp Bag", is a travel toiletry bag composed of plastic backed nylon designed to contain personal effects while traveling. It measures approximately 10 inches in width by 7 inches in height with 3 3/4 inch gussets. The item is secured by means of a top textile zipper closure.

Part #10-222100-01, identified as a "Display Tray Carrier", is a travel bag composed of clear PVC material designed to contain a tray to hold such items as shampoos, creams, cosmetics, etc. You have indicated that the bag will be imported without the tray. The item measures approximately 13 inches by 9 inches with 5 1/2 inch gussets. The bag features double webbed textile carrying handles and textile zippers on each end. It is secured by means of a clear PVC flap with a hook and loop fastener.

The applicable subheading for Part #10-463600-01, the travel toiletry bag of nylon, will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), 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 20 percent ad valorem.
Items classifiable under 4202.92.3030 fall within textile category designation 670. 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.

The applicable subheading for Part #10-222100-01, the travel bag of clear PVC, will be 4202.92.4500, HTS. which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The duty rate will be 20 percent ad valorem.

Your reference to the country of origin marking noted. Section 304 of the Tariff Act of 1930, as amended provides that, unless excepted, every article of a foreign origin imported into the United States shall be marked in a conspicuous place as legible, indelibly, and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. We suggest that each bag be marked with a sewn-in fabric label which reads "Made in China" into the top inside seam.

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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