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December 4, 1998

CLA-2-42:SE:C:D:G02 D84826

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.4000, 4202.92.1500, 4202.92.3020

Ms. Donna Segro
Pepe Jeans USA, Inc.
35 Henry Street
Secaucus, New Jersey 07094

RE: The tariff classification of a briefcase, a cosmetic/toiletry bag, and a backpack from Hong Kong

Dear Ms. Segro:

In your letter received by U.S. Customs on November 16, 1998 you requested the tariff classifications for a “Basics Denim Messenger Bag” no. JDA-12, a “Velcro Flap Handbag” no. JDA-15, and a “Basics Binding Backpack” no. JDA-10.

The “Basics Denim Messenger Bag” is constructed of 100% cotton denim and measures approximately 12 x 3 1/2 x 12 1/2 inches when fully expanded. The bag has the essential character of a briefcase. It features a divided interior compartment, a large zippered pocket, and a flap closure secured by a plastic bayonet clip at the end of an adjustable textile webbing strap sewn to the body of the bag which fastens into a plastic slide at the end of a textile webbing loop sewn to the underside of the flap. The flap is embroidered with the “tommy girl” logo. The strap bears the printed “tommy girl” logo as well.

The “Velcro Flap Handbag” has an outer surface largely of 100% cotton twill fabric with what appears to be a man-made fiber fabric covering the top, bottom, and bottom corners of each side of the bag. The essential character is imparted by the cotton fabric. The bag measures approximately 5 1/2 x 3 1/2 x 7 1/2 inches when fully expanded. The interior consists of a single compartment with a small pocket sewn into the lining. The bag feastures a closure consisting of two flaps at the top, one of which folds over and is secured against the other by three hook and loop fasteners. The “TOMMY JEANS” logo appears on one side of the bag while all four bottom corners are embroidered with a small star. The bag is carried by means of two textile webbing handles attached to the top, which are embroidered with a star at the points where they attach to the bag. The bag has the characteristics of a toiletry or cosmetics bag.

The “Basics Binding Backpack” features an outer surface of 100% nylon woven fabric coated with PVC on its interior face. It measures approximately 12 x 3 1/2 x 10 inches when fully expanded. The main compartment of the backpack is accessed through a zipper opening at the top. A flap with a large zippered pocket covers two smaller zippered pockets on the face of the backpack. The flap is secured at the bottom of the bag by means of a hook and loop fastener. The Tommy Hilfiger “th” logo appears at about the center of the flap. Also “tommy jeans” appears on the edging surrounding the flap and on the backpack straps.

The applicable subheading for the “Basics Denim Messenger Bag” will be 4202.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases ... briefcases ... and similar containers, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.8 percent ad valorem. The applicable subheading for the “Velcro Flap Handbag” 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 materials, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.8 percent ad valorem. The applicable subheading for the “Basics Binding Backpack” will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other of man-made fibers, backpacks. The rate of duty will be 19 percent ad valorem.

Items 4202.12.4000 and 4202.92.1500 fall within textile category designation 369. Item 4202.92.3020 falls within textile category designation 670. Based upon international textile trade agreements, products of Hong Kong 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). The samples are being returned herewith in accordance with your request

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,

Artis M. Morgan, Jr.
Port Director
Seattle


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