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NY D86509




February 2, 1999

CLA-2-42:SE:C:D:G02 D86509

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050

Mr. Robert Whelan
Alpha International
145th Ave & Hook Creek Blvd, Bldg. C-1(G) Valley Stream, NY 11581

RE: The tariff classification of handbags of nylon, polyester, and PVC from China

Dear Mr. Whelan:

In your letter dated January 5, 1999 you requested the tariff classification for styles 113868 ABackpack@ and 113777 AHandbag@ on behalf of your client, Westport Corporation.

Style 113868 is a bag in trapezoidal shape measuring approximately 8" x 4" x 6 1/2" in maximum dimension. The front of the bag consists mainly of a large pocket covered in a polyester/ neoprene fabric. The outer surface above this pocket is of PVC sheeting and is embossed with the AUNLISTED@ logo. The sides of the bag each feature a nylon mesh pocket, one with a hook and loop fastened flap closure and swivel D-ring hook. The outer surface of the back is of PVC sheeting. The bag features a zippered opening across the top and may be carried by either a single loop handle attached at the top or by a pair of adjustable textile straps attached to the back of the bag at the top and bottom. Although this style is designed to resemble a backpack, we find it to be intended for use as a handbag because of its size, construction, and overall appearance.

Style 113777 is also trapezoidal in shape and measures approximately 6" x 3 3/4" x 9 3/4" in maximum dimension. The bag has the same features as style 113868, except that the zippered opening runs vertically down the back rather than at the top of the bag. This style is carried by a single adjustable strap attached to the back of the bag at the top and bottom.

We find that the essential character of these bags is not imparted by a single component material. Their classification will therefore be determined in accordance with General Rule of Interpretation no. 3 (c).

The applicable subheading for styles 113868 and 113777 will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, with outer surface of textile materials, other, other, other, of man-made fibers. The rate of duty will be 18.8 percent ad valorem.

Item 4202.22.8050 falls within textile category 670. 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). 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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