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C87702

May 29, 1998

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

CATEGORY : Classification

TARIFF NO.: 4202.22.8050

Mr. Leo Sarmento

Import Manager

Trans-Border Customs Services Inc.

Cargo Building 80, Room 228

JFK International Airport

Jamaica, NY 11430

RE: The tariff classification of a child's handbag from China

Dear Mr. Sarmento:

In your letter dated May 7, 1998, you requested a tariff classification ruling on behalf of your client, Jay-Gur Imports & Gurman Industries.

You submitted one sample which is labeled style number 1486. The sample is a child's polar fleece teddybear shaped handbag which you state is composed of one hundred percent polyester. The bag has a zippered back and a textile carrying strap.

We are returning your sample per your request.

The applicable subheading for the above 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 outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 19 percent ad valorem.

Items classifiable under 4202.22.8050 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. 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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