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NY B88770




October 9, 1997

CLA-2-42:RR:NC:TA:341 B88770

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050; 4202.92.3020

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA. 90026-5097

RE: The tariff classification of ladies and girls bags from China

Dear Ms. Antrim-Saizan:

In your letter dated August 29, 1997 you requested a classification ruling. The request is on behalf of Tandem Bags of California.

Samples of five styles of bags identified as numbers 5800D, 5801D, 5802D, 5803D and 5805D have been submitted. Each bag is wholly of a man-made textile crocheted yarn. The bags have inner textile linings with an interior pocket and top closures. Items 5800D, 5801D, 5802D and 5803D are essentially shoulder bags which have a self material shoulder strap and are designed to be worn over the shoulder and under the arm close to the body. Item 5805D has double shoulder straps of a braided man-made textile yarns and is designed to be worn on the bach similar to a backpack.

You have indicated that certain articles are correctly classified as " HANDBAGS" while others are " TRAVEL BAGS". The common definition of the term " HANDBAGS" is a " travel bag " of a kind designed to contain personal effects while traveling about. Some " HANDBAGS" are of a kind similar to a purse, pocketbook, shoulder bag or clutch bag, while others are similar to items commonly known as backpacks tote bags, shopping bags and similar articles. You have also indicated that style 5805D is of a kind similar to that classified in HQ 957246 within tariff provision 4202.22.4030 which provides for " Handbags, with or without shoulder strap, including those without handle, with outer surface of textile materials, other, of man-made fibers." Customs decision 957246 found an article, which was said to be an evening bag designed for formal evening wear, to be an " HANDBAG. Item 5804D is not an evening bag of that kind. It is of a kind a young girl will wear on her back to contain personal effects while traveling about on a daily basis.

The applicable subheading for items 5800D, 5801D, 5802D and 5803D will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for Handbags, with outer surface of textile materials, with outer surface of textile materials, other, of man-made fibers. The rate of duty is 19.3 percent ad valorem.

The applicable subheading for item 5805D will be 4202.92.3020, HTS, which provides, in part, for other bags, with outer surface of textile materials, other, of man-made fibers, backpacks.

Items classified within tariff numbers 4202.22.8050 and 4202.92.3020, HTS, fall 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,

Robert B. Swierupski
Director,

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