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April 13, 1999

CLA-2-42:RR:NC:341 E80049

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Jerri Biglow
Marlowe & Co Inc.
PO Box 90459
Los Angeles, CA 90009

RE: The tariff classification of a novelty carrying bag from Korea/China

Dear Ms. Biglow:

In your letter dated March 31, 1998, on behalf of Best Ever USA Inc., you requested a classification ruling for a "Troll Flip Top."

The sample submitted is identified as style #10130, "Troll Flip Top." It is a novelty carrying bag that resembles the face of a "Troll." The "Troll Flip Top" is a generic carrying bag intended to contain various items a child may desire to place within. It is used to contain personal effects, "Trick or Treat candies," gifts, or school supplies. Although it does have decorative use, the primary use is that of a carrying bag. The decorative function is secondary to the primary function.

The applicable subheading for the carrying bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for, in part, other containers, of textile materials, with outer surface of sheeting of plastic or of textile materials, travel, sport or similar bags, with outer surface of textile materials, other, other, of man-made fiber, other. The duty rate will be 18.8% ad valorem.

HTS heading 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of China and Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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