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May 14, 1999

CLA-2-42:RR:NC:341 E81600

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Kristen Gibson
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of a toiletry bag from China.

Dear Ms. Gibson:

In your letter dated May 11, 1999, you requested a classification ruling for a toiletry bag.

The sample submitted with your request is identified as "Bag with Flap" and designated as style # 603221. No sample was submitted for style #603220, however, it is assumed it is the same except for the color. The item is a travel bag designed to hold toiletries, lingerie, and similar items. It is constructed of an outer surface comprised of 55% acetate and 45% rayon. The bag measures approximately 12 " in width by 8" in height. The front panel consists of a sheer fabric overlay over clear PVC sheeting. The balance of the exterior is of a satin textile fabric. The interior back panel is lined with textile fabric. The top opening of the bag is secured closed by a flap with elastic loop closure.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ยง1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We suggest that the bag be marked by means of a fabric label sewn into the top inside that reads "Made in China." The applicable subheading for the toiletry bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.92.3031 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.

Your sample is being returned as requested.

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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