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NY C81840




December 2, 1997

CLA-2-42-NO:CO:FNIS D09

CATEGORY : Classification

TARIFF NO.: 4202.92.1500

Mark S. Rosen
Vice President Operations
FPA Customs Brokers, Inc.
152-31 134th Avenue
Jamaica, New York, NY 11434-3505

RE: The tariff classification of drawstring travel bag from China

Dear Mr. Rosen:

In your letter dated November 18, 1997, you requested a tariff classification ruling on behalf of your client, Jenalex Creative Marketing, Inc.

You submitted one sample which you call a rag packing sac with no style or item number. The cotton bag is approximately 10-1/2 inches in length and 6 inches in width with a drawstring closure.

We note that the submitted sample is not marked with the country of origin. Therefore; if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the bag would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit."

The applicable subheading for the above bag 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 material, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.9 percent.

Items classifiable under 4202.92.1500 fall 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 category 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,

Allen H. Paterson
Port Director

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