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NY D81700




September 22, 1998

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

CATEGORY : Classification

TARIFF NO.: 4202.92.3031

Mr. William M. Stringfield
Customs Brokers
249 E. Ocean Blvd., Suite 1008
Long Beach, CA 90802

RE: The tariff classification of travel bag from China.

Dear Mr. Stringfield:

This replaces our letter of September 17, 1998, file number D81700. The original letter contains a clerical error in the tariff number.

The submitted sample, which is not identified by a style number, is composed of nylon mesh with a vinyl bottom which rises approximately 3" from the bottom, a vinyl trimmed upper and a drawstring closure. You have indicated that the intended use for the bag is a "giveaway" at the time of purchase of certain cosmetics.

Your sample is being returned as you requested.

The applicable subheading for the above bags will be 4202.92.3031, 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. The rate of duty will be 19 percent ad valorem.

Items classifiable under 4202.92.3031 fall 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 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.

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 article 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."

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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