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NY A84915




July 17, 1996

CLA-2-42:RR:NC:WA:341 A84915

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.4030; 4202.32.9550; 4202.92.3030

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

RE: The tariff classification and marking of an evening bag, a lipstick case and a drawstring pouch from China.

Dear Ms. Walton:

In your letters dated May 2, 1996 and June 17, 1996, on behalf of Mary Kay, Inc., you requested a classification ruling. You have submitted three samples with your request, no style numbers indicated. They are as follows:

Item 1 is a formal wear evening bag of man-made textile velvet material with a braided shoulder strap.

Item 2 is a lipstick case composed of a man-made textile velvet material.

Item three is a man-made textile material drawstring pouch designed to provide storage, protection and portability to the contents.

You have indicated that the items will be packaged and imported together as a unit. However, for classification purposes each item will stand on its own merit.

The applicable subheading for the evening bag of man-made textile material will be 4202.22.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, wholly or in part of braid, other, other, of man-made fibers. The duty rate will be 8.2 percent ad valorem.

The applicable subheading for the lipstick case of man-made textile material will be 4202.32.9550, HTS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 19.5 percent ad valorem.

The applicable subheading for the drawstring pouch of men-made textile material will be 4202.92.3030, 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 19.5 percent ad valorem.

Items classifiable under 4202.22.4030, 4202.32.9550 and 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.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of a foreign origin imported into the U.S. shall be marked in a conspicuous place as 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 U.S. the English name of the country of origin.

Each item must be marked as provided by Section 304 of the Tariff Act. We recommend a sewn-in fabric label placed in a conspicuous location, such as near the inside top of the article. 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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