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NY C83204



January 30, 1998

CLA-2-42 SE:C:D G02 C83204

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Ludene Murphree
The Gap, Inc.
Two Harrison
San Francisco, California 94105

RE: The tariff classification of two tote bags of nylon filament mesh woven fabric from China

Dear Ms. Murphree:

In your letter dated December 31, 1997 you requested a tariff classification ruling.

The items which The Gap, Incorporated intends to import are two open top tote bags (Styles 371393 and 371394) made from a mesh woven nylon filament fabric and having two metal carry handles. Style 371393 measures approximately 15 1/4 x 2 3/4 x 15 1/4 inches, and Style 371394 measures approximately 13 x 3 x 12 inches. Although the bags have a metallic appearance, you have stated in a telephone conversation that they are not made from a metallized yarn.

The applicable subheading for the nylon mesh fabric tote bags will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The rate of duty will be 19 percent ad valorem.

Item 4202.92.3030 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). The samples are being returned herewith in accordance with your request.

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
Seattle


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