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NY D83390



October 27, 1998

CLA-2-42:G32 D83390

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.6091

Ms. Sandy M. Rickert
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of a set of (2) Christmas Wine Totes from China

Dear Ms. Rickert:

In your letter dated September 21, 1998, you requested a tariff classification ruling on behalf of your client, LTD Commodities, 2800 Lakeside Drive, Bannockburn, IL 60015.

The two samples submitted for review are carrying bags composed of 65% cotton and 35% polyester. The bags measure approximately 14 inches in length which includes the handle x 5 1/2 inches in width with an opening to insert a wine bottle. The items are identical in construction with the exception of the design. One item has a design of a snowman. The other item has a design of a Santa Claus. The bottle bags are designed to provide portability for the contents. The interior has a modest layer of padding and a woven lining. The bags will be sold at retail as a decorative festive gift item. Due to the construction and durability of the bags, the retailer can insert a bottle of wine or other spirits for carrying or for storage.

Please be advised that your samples will be returned to above address.

The applicable subheading for the set of 2 Christmas Wine Totes will be 4202.92.6091, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases...; traveling bags..., bottle cases and similar containers, with outer surface of textile materials, other, of cotton, other. The rate of duty will be 6.8 percent ad valorem.

Items classifiable under 4202.92.6091 fall within textile category designation 369. 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.

Sincerely,

WILLIAM J. LUEBKERT
Port Director

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