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NY 808509




April 21, 1995

CLA-2-42:CO:IS2:HO7 808509

CATEGORY: CLASSIFICATION

TARIFF NO: 4202.22.8050

Ms. Susan Kearney Duffy
Customs Specialist
International Merchandising
WAL-MART Stores, Inc.
702 S. W. 81 Street
Bentonville AR 72716-8023

RE: The tariff classification of handbags, style# AL-72658 and AL-72674, from China.

Dear Ms. Duffy:

This classification decision under the Harmonized Tariff Schedule of the United States is being issued in accordance with the provisions of section 177 of the Customs Regulations (19 C.F.R. 177).

This is in response to your request for a tariff classification ruling, your correspondence, dated March 24, 1995.

The submitted sample, handbag, style AL-72658, was identified as patent PVC leather with nylon satin fabric tote bag which has a PVC sheet lining and an one-inch and three-eights inch wide shoulder strap. This handbag had nylon satin fabric front and back panels with patent leather top and bottom trim and five (5) inch gussets. This handbag has a top zippered closure, an zippered inside pocket and two (2) unshaped handles. Handbag, style AL-72658 measures approximately sixteen (16) by fourteen (14) by five (5) inches. Its nylon satin fabric panels imparts this tote bag's essential character.

The submitted sample, handbag, style AL-72674, was identified as patent PVC leather with nylon satin fabric tote bag which has PVC sheet lining. This tote bag had nylon satin fabric front and back panels with patent leather top and bottom trim and three (3) inch gussets. This handbag has a top zippered closure and a zippered inside pocket. Handbag, style AL-72674 measures approximately six and one-half (6-1/2) by six (6) by three (3) inches. Its nylon satin fabric panels imparts this tote bag's essential character.

These handbags, A72658 and AL-72674, will be manufactured by Shihu Handbag Factory, Tai He Shi He Cun, Bai Yun Dist., Guangzhou, China and will be entered through the Ports of Laredo, Miami, Newark, Savannah, Terminal Island and Tulsa.

The applicable subheading for the tote bags, style# A72658 and AL-72674, will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS) , which provides for inter alia; handbags, whether or not with shoulder strap, including those without handle; with outer surface of sheeting of plastic or of textile materials; with outer surface of textile materials; other; other; other; of man-made fibers. The rate of duty will be 19.8 percent ad valorem.

Subheading 4202.22.8050, HTS, falls within textile category designation 670. As a product of China, this merchandise is presently subject to a visa requirement and quota restraints based upon international textile trade agreements.

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. Since 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 the shipment, the Status Report On Current Import Ouotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs Office.

Your samples furnished had not been marked with the country of origin: "Made in China". Unless marked at time of importation with the country of origin: "Made in China" , these handbags, style# A72658 and AL-72674, will not be considered legally marked under the provisions of 19 USC 1304.

A copy of this ruling should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

William J. Luebkert
District Director,

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