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NY B80284




December 23, 1996

CLA-2-42:RR:NC:WA:341 B80284

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Ms. Edith Hu
Apex Customs Brokerage
5777 W. Century Blvd. - Suite 935
Los Angeles, CA 90045

RE: The tariff classification of tote bag from Hong Kong.

Dear Ms. Hu:

In your letter dated December 4, 1996, on behalf of Prestige Leather Creations, you requested a classification ruling for a tote bag.

The sample submitted, item B-C476, is a double handle tote bag composed of an exterior surface nylon textile material. The bag measures approximately 14"(W) x 11"(H) with 4" gussets. The top is secured by means of a metal snap fastener. You have also requested the proper classification for the same item if composed of 100 polyester.

The applicable subheading for Item B-C476, the tote bag of 100 percent nylon and/or polyester, 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 19.5 percent ad valorem. The duty rate for 1997 will be 19.3 percent ad valorem.

We are unable to issue a ruling for the items which you have indicted are composed of 50 percent PVC and 50 percent nylon and/or 50 polyester. Your request for a classification ruling for these items should include actual samples as being imported. Items classifiable under 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements products of Hong Kong 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 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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