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NY D88900




March 10, 1999

CLA-2-42:G32 D88900

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Mr. David M. Murphy
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a Tote Bag from China

Dear Mr. Murphy:

In your letter dated March 2, 1999, you requested a tariff classification ruling on behalf of your clients, Value City Imports and American Eagle Outfitters, Inc.

Style No. 4253, Denim Tote Bag is designed with a tie ribbon closure and two textile handles. The interior is fully lined in a textile fabric with a zippered pocket on the side. The tote bag measures approximately 9 inches in length x 8 1/4 inches in width x 4 inches in depth.

Please be advised your sample will be returned to the above address.

The applicable subheading for Style No. 4253, Denim Tote Bag 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.

Items classifiable under 4202.92.1500 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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