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December 14, 1998

CLA-2-42:1B:CO:G07 D85147

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Sonya Clarke
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, Ohio 43068

RE: The tariff classification of a cosmetic bag from China

Dear Ms. Clarke:

In your letter dated November 18, 1998, you requested a tariff classification ruling. A sample was submitted for our examination.

The sample submitted, style #10065-P, is a cosmetic bag with an outer surface of polyvinyl chloride (PVC). It measures approximately 8¼ x 5½ x 3 inches with a zippered-top closure and piping along the zipper and gussets. Your sample is herein returned.

The applicable subheading for the cosmetic bag, style #10065-p will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for: Travel, sports and similar bags: With outer surface of sheeting of plastic: Other. The rate of duty will be 20% ad valorem.

May we direct your attention to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), which provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. The article at issue is not in compliance with the referenced statute.

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,

Jon A. Batt
Port Director

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