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NY C86679




May 05, 1998

CLA-2.1B:FO:G07

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050

Mr. James Gassert
Horizon Air Freight, Incorporated
152-15 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of a handbag from Malaysia

Dear Mr. Gassert:

In your letter dated April 21, 1998, you requested a tariff classification ruling. A sample was submitted for our examination.

The submitted sample, (style number not shown), is a ladies handbag with an outer surface of woven manmade material. It measures approximately 12 x 11 x 4« inches with a textile carrying strap. The handbag has one large main compartment accessed with a zipper and one exterior compartment which is overlapped and secured by the flap closure. Your sample is returned herein.

The applicable subheading for the ladies handbag will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags; whether or not with shoulder strap, including those without handle, with an outer surface of textile materials; other: other: other: of manmade fibers. The rate of duty will be 19% ad valorem.

Item number 4202.22.8050 falls within textile category designation 670. Based upon international textile trade agreements, products of Malaysia 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.

May we direct your attention to Part 134, Customs Regulations (19 C.F.R. 134), which implements the country of origin marking requirements and the exceptions of Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304). Section 304 provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin. The handbag at issue is not in compliance with the referenced statute.

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,

Jon A. Batt
Port Director

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