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NY B87759





August 13, 1997

CLA-2.1B:CO:G07

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Mark Rosen
FPA Custom Brokers, Incorporated
152-31 134th Avenue
Jamaica, New York 11434-3505

RE: The tariff classification of a cosmetic bag from China

Dear Mr. Rosen:

In your letter dated July 17, 1997, you requested a tariff classification ruling on behalf of Jenalex Creative Marketing, Incorporated. A sample was submitted for our examination.

The submitted sample is a rectangular shaped cosmetic bag of polyester/cotton fabric with a clear PVC overlay. It measures approximately 8« x 5« x 2 inches with a zippered top closure, piping along the zipper and gussets, and a snap secured flap. Your sample is herein returned.

The applicable subheading for the cosmetic 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, 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 provided 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 article at issue herein is not in compliance with the referenced statue.

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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