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January 8, 1999

CLA-2-42:RR:NC:3:341 D83612

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr Arlen T.Epstein
Thompkins & Davidson, LLP
One Astor Place
1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of a carrying bag from China

Dear Mr. Epstein:

In your letter dated October 13 1998 you requested a classification ruling. The request is on behalf of Avon Products Inc.

The sample submitted, Product Profile (PP) 185885, “Winter Beauty Collection” is a lady’s back-pack style bag manufactured of a fabric consisting of an exterior surface of embossed compact plastic sheeting , a cellular plastic middle layer and a woven fabric backing. The exterior plastic sheeting has a metallic appearance. The bag is rectangular in shape and measures, 8" high, 7" across and is 4" deep. It has a 54" braided cord strap which is passed thru 8 metal grommets at the bag top and is affixed to the bottom rear of the bag forming the straps. The bag is open at the top and the interior is unlined and unstructured. The bag appears to intended to be either sold at retail or given away upon purchase of a collection of toiletries. It is primarily designed to be worn on the back and is also designed to be carried on the shoulder similar to a knapsack.

Although the bag is capable of containing the small personal accessories commonly found in a purse or pocketbook such as spectacle cases, wallets, billfolds, coin purses, key cases and cigarette cases, it is primarily an attractive generic carrying bag for personal effects such as toiletries and/or toilet articles, as well as other small personal articles, when traveling about. You have indicated that the item should be considered to be of a class or kind similar to the purses, pocketbooks, shoulder bags and clutch bags classified within the tariff provision for HANDBAGS as provided in subheadings 4202.21-4202.29, HTS.

The instant bag is similar to that discussed in Customs Decision 954816, December 7, 1993, wherein a similarly non-structured, sized and attractive bag, designed to be worn on the lower back was, classified within HTS 3926.90.3500 as a bag “other” than the “HANDBAGS” of HTS 3926.90.3300 HANDBAG. That bag was similarly designed to contain personal effects while traveling about.

Customs Decision 962364, December 8, 1998 addressed similarly constructed bags which were found to be generic carrying bags “OTHER” than the “HANDBAGS” of Heading 4202.

Product Profile 185885, “Winter Beauty Collection” is similar to Product Profile 167552, “Sunrise Mothers Day” bag which was the subject of Customs Decision 961459, issued to your office on October 26, 1998. In that decision, the carrying bag was found to be similar to other bags sold with personal effects, cosmetics or toiletries and classified within the subheading for “OTHER” meaning other than “HANDBAGS” of subheading 4202, HTS. 4202..., Tariff Schedules of the United States, Annotated.

The applicable subheading for Product Profile 185885, “Winter Beauty Collection” bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for “OTHER”, travel sport and similar bags, with outer surface of sheeting of plastics or of textile materials, other”. The duty rate will be 20 percent ad valorem.

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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