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NY C82507




December 22, 1997

CLA-2-42:RR:NC:TA:341 C82507

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. David M. Murphy
Grunfeld, Desiderio, Lebowitz & Silverman LLp Counselors At Law
245 Park Ave., 33rd FL
New York, NY 10167-3397

RE: The tariff classification of a toiletry bag from China.

Dear Mr. Murphy:

In your letter dated December 8, 1997, on behalf of Tsumura International, Inc., you requested a tariff classification ruling for a toiletry bag.

The sample submitted identified as your reference number 97-3231-5(2)I, is a toiletry bag measuring approximately 6 1/4" x 5 1/2". You have indicated that the intended use for the bag will be to contain soap products, toiletries and other cosmetic items. The bag is manufactured of clear vinyl plastic sheeting and 100 percent flax linen materials. The bag is composed equally of both fabrics. No one fabric imparts the essential character. Therefore the instant sample is classifiable per GRI-3. As provided by GRI-3(c) the item is classified according to the HTS which appears last. The item is a toiletry bag of vinyl plastic sheeting material.

The applicable subheading for the toiletry bag of vinyl plastic sheeting 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 or of textile materials, other. The rate of duty will be 20 percent ad valorem. The rate of duty for 1998 will remain the same.

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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