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NY B84811




May 23, 1997

CLA-2-42:RR:NC:TA:341 B84811

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050

Ms. Jonice Gaidar
J.C. Penney Purchasing Corp.
P.O. Box 10001
Dallas, TX 75301-0001

RE: The tariff classification of evening bags from China.

Dear Ms. Gaidar:

In your letter dated April 28, 1997, you requested a classification ruling for evening bags.

The samples submitted, identified as style numbers B1313 and B1314, are evening bags composed of an exterior surface of 100 percent polyester metallic gold material with a combination of colored plastic and glass beads attached to the fabric. The beads do not wholly nor mainly cover the bag. The essential character is imparted by the metallic gold polyester material. Each bag is lined with 100 polyester satin material. Both bags feature a shoulder strap of gold plaited metal. They measure approximately 7 inches by 6 1/2 inches.

The applicable subheading for Styles B1313 and B1314, the evening bags of 100 percent polyester material, will be 4202.22.8050, 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, other, of man-made fibers. The duty rate will be 19.3 percent ad valorem.

Items classifiable under 4202.22.8050 falls 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 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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