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NY 896169




April 6, 1994

CLA-2-42:S:N:N6:341 896169

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Ms. Alice Wagner
Tower Group Int'l, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

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

Dear Ms. Wagner:

In your letter dated March 18, 1994, on behalf of Ganz, you requested a tariff classification ruling for a waist bag.

The sample submitted, identified as a "Fanimal Purse", is a novelty waist bag designed to resemble the shape of a pig. The bag is composed of a knitted plush man-made fabric with a textile lining. For classification purposes the item is not considered a toy. Your sample is being returned as you requested.

The applicable subheading for the waist bag of plush man-made 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 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.

Your reference to the country of origin marking and fiber content labeling 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 the bag be marked with a sewn-in fabric label which reads "Made in China" into the top inside seam. However, regarding the application of the Textile Fiber Products Identification Act, we recommend that you contact the Federal Trade Commission for additional information for fiber content labeling.

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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