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D80171

July 27, 1998

CLA-2-42:SE:C:D:G02 D80171

CATEGORY: CLASSIFICATION

TARIFF NO.: 4204.12.8070

Mr. Daniel Percival
East-West Associates Inc.
880 Apollo Street Suite 231
El Segundo, CA 90245

RE: The tariff classification of a polyester tapestry suitcase from China

Dear Mr. Percival:

In your letter dated July 8, 1998, you requested a tariff classification of a "Piggy Back Bag" on behalf of your client, Dony Trading (Los Angeles) Corporation.

The Piggy Back Bag is a small, soft sided suitcase measuring approximately 19" x 12" x 13" when fully expanded. The front and sides of the bag are made of a polyester tapestry fabric with PVC trim. The front features two zippered pouches. The back is largely of PVC although some of the tapestry wraps around from the sides. The back features one large zippered pouch.

Although the sample submitted has no hardware other than zippers attached, you have submitted photos showing the completed bag with wheels and what appears to be a telescopic handle. Per a telephone conversation with this office, the bag will be imported with the wheels and handle attached.

In your letter, you state that the bag is composed of "55% PVC" and "45% polyester." We find the essential character of the bag is imparted by the polyester tapestry fabric.

The applicable subheading for the "Piggy Back Bag" will be 4202.12.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases...and similar containers...with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 19 percent ad valorem.

Item 4202.12.8070 falls 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.

Sincerely,

Artis M. Morgan, Jr.
Port Director,

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