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June 8, 1999

CLA-2-42:RR:NC:341 E80876

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8070

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, New York 10036

RE: The tariff classification of a travel case from China.

Dear Ms. Wierbicki:

In your letter dated April 19, 1999, on behalf of Avon Products, Inc., you requested a classification ruling for a travel case.

The sample submitted is identified as the "Rare Beauty Collection," Product Profile (PP) #180217. It is a travel case made up to contain clothing or other personal effects during travel and is of a kind similar to a train case or vanity case.

PP180217 is manufactured of a fabric that consists of a Polyvinyl Chloride (PVC) plastic sheeting which is laminated to a woven fabric of man-made fiber. The woven fabric has a floral print of PVC flocking. The exterior surface constituent material consists of the woven fabric and the PVC flocking. The case has a nylon coil zipper closure which extends around three sides and a top carry handle. The interior has a man-made textile material lining and a drawstring closure. The travel case measures approximately 6" high, 7 1/2" across and 5" deep.

The PVC laminated fabric is classifiable in tariff number 5903.10, Harmonized Tariff System of the United States, Annotated (HTSUSA). Chapter 42, additional U.S. Note 2 provides:

"For purposes of classifying articles under subheadings 4202.12, 4202.22, 4202.32, and 4202.92, articles of textile fabric impregnated, coated, covered or laminated with plastics (whether compact or cellular) shall be regarded as having an outer surface of textile material or of plastic sheeting, depending upon whether and the extent to which the textile constituent or the plastic constituent makes up the exterior surface of the article."

PP180217 is considered to be an article of a kind similar to the goods of the first half of heading 4202, is of textile materials, and has an outer surface of textile materials.

The applicable subheading for the handbag will be 4202.12.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers, with outer surface of plastics or of textile materials, with outer surface of textile materials, other, other, other, of man-made fibers. The duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.12.8070 fall within textile category designation 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 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).

Your sample is being returned as requested.

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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