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C87238

May 20, 1998

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

CATEGORY : Classification

TARIFF NO.: 4202.92.1500

Mr. Charles Santarelli

Vice President

Mersant International Ltd.

158-12 Rockaway Blvd.

Jamaica, NY 11434-4840

RE: The tariff classification of small bag from India and Hong Kong.

Dear Mr. Santarelli:

In your letter dated April 24, 1998 you requested a tariff classification ruling on behalf of your client, Brunetti Designs.

The submitted sample, labeled HT9854, is a toiletry bag that you state is 100 percent cotton. The bag is barrel shaped with the name TOMMY HILFIGER printed across the front and measures approximately 9" x 6" x 4" with a zippered top.

"TOMMY HILFIGER" is a registered trademark with the United States Customs Service and an authorization to import these bags may be required prior to release from Custom's custody. Your sample is being returned per request.

The applicable subheading for the above bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with
outer surface of textile material, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.8 percent ad valorem.

Items classifiable under 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements, products of Hong Kong and India 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. ยง1304. 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,


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