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NY 812187



July 07, 1995

CLA-2-42:S:N:N5:341 812187

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. Thaddeus Gapinski
Port Brokers Inc.
152-60 Rockaway Blvd.
Jamaica, N.Y. 11434

RE: The tariff classification of a tote bag from China

Dear Mr. Gapinski:

In your letter dated June 29, 1995, you requested a tariff classification ruling. The request is on behalf of Concept 3 Ltd.

The sample submitted is identified as style 21455B. It is a tote bag manufactured of a nylon front and back panels with imitation patent leather gussets bottom, handles, shoulder strap and bottom. The nylon imparts the essential character of the bag.

The applicable subheading for style 21455B will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers . The duty rate will be 19.8% ad valorem.

The sample submitted is marked with a paper pressure sensitive country of origin label which reads " Made in Hong Kong ". Your letter indicates the origin will be China. The pressure sensitive label is not acceptable marking. Section 304, T.A., provides in part that every article of commerce must be marked as permanent and as conspicuous as the article will permit so that the ultimate purchaser will have the opportunity to ascertain the origin. The retail customer will be the ultimate purchaser in this instant. It is recommended that each item be marked by means of a sewn in fabric label which legibly indicates the country of origin.

Merchandise classified within tariff number 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements, products of China are subject to quota and visa restrictions.

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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