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NY B86964




July 16, 1997

CLA-2.1B:CO:G07

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Barbara Y. Wierbicki
Serko & Simon LLP
One World trade Center
Suite 3371
New York, NY 10048

RE: The tariff classification of a shoppers tote

Dear Ms. Wierbicki:

In your letter dated June 25, 1997, you requested a tariff classification ruling on behalf of Mitzi International Handbags and Accessories, Ltd. A sample was submitted for our examination.

The submitted sample, "plastic mat/bag", is a tote bag with an outer surface of plastic. The mat/bag, measuring approximately 12« x 13 inches, is essentially rectangular in shape with 14 long concentric rows of long thin slits creating a pattern which resembles a child's race track. The slits, ending approximately one inch from the top and bottom edges allow the body of the mat/bag to drop down creating a net bag similar to a French Shopper's Tote. A second set of cut-outs forms the handles. Your sample is herein returned.

The applicable subheading for the mat/bag 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 or of textile materials: Other. The rate of duty will be 20% ad valorem.

May we direct your attention to Part 134, Customs Regulations (19 C.F.R. Part 134), which implements the country of origin marking requirements and exceptions to 19 U.S.C. 1304. Part 134 of the Customs Regulations 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. The article at issue is not in compliance with the referenced statute.

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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