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NY A81758




April 9, 1996

CLA-2-42:RR:NC:WA:341 A81758

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. Victor J. Juzumas
Cargo Bldg. 80 rm. 113
Jamaica, N. Y. 11430

RE: The tariff classification of a tote bag from India

Dear Mr. Juzumas:

In your letter dated March 2, 1996 you requested a classification ruling. The request is on behalf of the importer of record, Ashi's Collections, Inc., 21051 Sandpiper St., Walnut, California.

The sample submitted is an open top shopper tote bag which measures approximately 11.5" x 11' x 5". It is manufactured of a black twill fabric and has double shoulder straps. The top has a small hook and loop tab which gathers the top at the center. The bag is unlined and is embroided on the exterior front panel with a floral smile face design. The bag has a sewn-in fabric label which reads "Made in India , RN 76900" affixed to the inner seam at the bottom of the bag. The fabric appears to be in chief weight of man-made textile materials.

The applicable subheading for the tote bag 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, other, of man-made fibers. The duty rate will be 19.5 percent ad valorem.

Tariff number 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements products of India 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.

Please note, the marking statute, section 304, Tariff Act of 1930, as amended ( 19U.S.C. 1304 ) provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place, legibly, 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. The tote bag submitted is not legally marked as provided by the statue. The placement of the sewn-in label at the bottom is not considered to be as conspicuous as the article will permit. It is recommended that the label be sewn into the top seam of the bag in close proximity to the hook and loop closure.

This ruling is being issued under the provisions of Part 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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