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NY C86943




May 12, 1998

CLA-2.1B:CO:G07

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025

Ms. Nancy Welch
Michaels Stores, Incorporated
8000 Bent Branch Drive
Irving, Texas 75063

RE: The tariff classification of two bottle bags from China

Dear Ms Welch:

In your letter dated April 17, 1998, you requested a tariff classification ruling. Two samples were submitted for our examination.

The samples submitted, products MS888C and MS888D,"Christmas wine bags," are bottle bags. The bags measure approximately 12 x 6 inches with outer surfaces of manmade fibers. Each bag has an elastic strip sewn approximately 12« inches from the top, on the backside and a decorative bow attached on the front. The elastic serves to secure it around the neck of a bottle. The neck of the bottle protrudes through the opening. The bags will be imported empty. Your samples are herein returned.

The applicable subheading for the bottle bags will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, holsters and similar containers, with outer surface of textile materials; Other: Other: Other: of manmade fibers. The rate of duty will be 19% ad valorem.

Item number 4202.92.9025 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.

May we direct your attention to Part 134, Customs Regulations (19 C.F.R., Part 134), which implements the country of origin marking requirements and 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 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 of the article. The bottle holders are not in compliance with said 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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