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NY B86425




July 15, 1997

CLA-2.1B:CO:G07

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030 4202.92.4500

Mr. Eric Jones
C-Air International, Inc.
11222 S. La Cienega Boulevard
Suite 100
Inglewood, CA 90304

RE: The tariff classification of a tote bag and a cosmetic bag from Hong Kong

Dear Mr. Jones:

In your letter dated June 12, 1997, you requested a tariff classification ruling on behalf of DKP Design, Incorporated. A sample was submitted for our examination.

The sample submitted with your request is a tote bag with a matching cosmetic purse. The bag measures approximately 18 x 12 inches, with plastic handles, trim and bottom. It has an unsecured top with sides comprised of a nylon mesh material.

The matching cosmetic purse measures approximately 7¬ x 6¬ inches. It is textile lined, with a zippered top closure. The outer surface is of plastic. Your samples are herein returned.

The applicable subheading for the tote bag 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 material, other, other, of manmade fibers. The rate of duty will be 19.3% ad valorem.

The applicable subheading for the cosmetic purse will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags with outer surface of sheeting of plastic, other. The rate of duty will be 20% ad valorem.

May we direct your attention to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), which provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) 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 and the cosmetic purse are not marked in accordance with the referenced statute.

Item number 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.

Sincerely,

Jon A. Batt
Port Director

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