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NY D82464




October 2, 1998

CLA-2-42:RR:NC:TA:341 D82464

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.91.0090; 4202.92.9026

Mr. James L. Sawyer
Katten Muchin & Zavis
525 West Monroe St., Suite 1600
Chicago, IL 60661-3693

RE: The tariff classification of computer bags from China.

Dear Mr. Sawyer:

In your letter dated September 9, 1998, on behalf of Micro Electronics, Inc. ("MEI") of Hilliard, Ohio, you requested a classification ruling for computer bags.

The request involves articles which are specially shaped and fitted cases designed to contain personal computers and their accessories. The cases are of a kind similar to those enumerated in the first half of Heading 4202, HTSUSA. The cases are numerated as styles C-701, C-702, C-501, C-301W-M1 and C-201W. A sample of style C-301W-M1 only has been submitted. Your sample is being returned as you requested.

Styles C-701, C-702, C-501 and C-301W-M1 are covered with genuine, non-plastic coated, leather and imitation leather of PolyVinyl Chloride (PVC) sheeting material. Styles C-701 and C-702 are said to be composed of 52 percent surface area and 91 percent by value of leather. Style C-501 is said to be 50 percent of surface area and 94 percent by value of leather. It is understood that the percentage figures may be understated due to the fact that PVC components not part of the outer surface may have been included in the calculations.

Style C-201W is almost wholly covered with polyester textile material. The man-made textile components appear to be minor trim or ornamentation.

The classification for styles C-701, C-702, C-501 and C-301W-M1 is according to General Rule of Interpretation 3(b), composites. Based on the information supplied and the representative sample, the essential character of the outer surface is imparted by the leather components. Each style is classified within tariff number 4202.91.0090, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other bags and containers, with outer surface of leather, of composition leather or of patent leather, other. The duty rate will be 5 percent ad valorem.

Style C-201W is classified within tariff number 4202.92.9026, HTS, which provides in part for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19 percent ad valorem.

Style C-201W 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).

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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