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NY 817456




December 27, 1995

CLA-2-42:RR:NC:WA:341 817456

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. Irwin A. Seltzer
H.Z. Bernstein Co., Inc.
2975 Kennedy Blvd.
Jersey City, N.J. 07306

RE: The tariff classification of a sport bag from China.

Dear Mr. Seltzer:

In your letter dated December 7, 1995, on behalf of Mitzi International Handbags, Ltd., you requested a classification ruling for a sport bag.

The sample submitted, style PR9011WM, is a convertible sports bag. In one mode it can be worn as a fanny bag; in another mode it can be worn as a backpack. The item is equally a backpack and fanny bag. The composite article is made of polyester fabric and a fabric said to be of 100 percent ramie fibers. One fabric is equally as essential as another. Therefore, the material which appears last in the tariff applies. The item is of polyester (GRI-3(c) noted). Your sample is being returned as you requested.

The applicable subheading for Style PR9011WM, the sport bag of polyester fabric, 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 19.8 percent ad valorem. The duty rate for 1996 will be 19.5 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 quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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