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NY B83873




April 14, 1997

CLA-2-42:RR:NC:TA:341 B83873

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 8505.19.0000

Ms. Sandy M. Rickert
E. Besler & Company
P.O. Box 66361 chicago, IL 60666-0361

RE: The tariff classification of a tote bag and a magnetic memo holder from China.

Dear Ms. Rickert:

In your letter dated March 17, 1997, on behalf of LTD Commodities, Incorporated, you requested a classification ruling for a tote bag and a magnet memo holder.

The sample submitted described as a "lunch bag and pin set", consists of a double handle, open top, tote bag composed of 100 percent cotton canvas and a wooden magnetic memo holder representative of an apple printed with #1 teacher. On the back of the memo holder is a ceramic ferrite magnet. The tote bag measures approximately 11" x 7" with 3 1/2" gussets.

The applicable subheading for the tote bag of 100 percent cotton canvas will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.9 percent ad valorem.

The applicable subheading for the magnetic memo holder will be 8505.19.0000, HTS, which provides for other permanent magnets. The duty rate will be 4.9 percent ad valorem.

Items classifiable under 4202.92.1500 falls within textile category designation 369. 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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