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June 10, 1999

CLA-2-42:RR:NC:E82115

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.4030

Ms. Tammy Tetzlaff
Kohl's Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, Wisconsin 53051

RE: The tariff classification of an evening bag from China.

Dear Ms. Tetzlaff:

In your letter dated May 20, 1999, you requested a classification ruling for a ladies evening bag from China.

The sample submitted with your request is identified as style # LH0918, a "Crepe Evening Bag". The item is a handbag designed to carry money, keys, and small accessories during travel. The exterior surface is constructed of 100% polyester and has a permanently attached shoulder strap of braided cord. A front flap with embroidery and a center magnetic snap closure secures the top opening of the bag. The interior of the bag is lined and contains two separate compartments and a back wall open pocket.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), 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 side interior that reads "Made in China".

The applicable subheading for the handbag will be 4202.22.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strapÂwith outer surface of textile materials, wholly or in part of braid, other, other, of man-made fibers. The duty rate will be 7.9% ad valorem.

Items classifiable under HTS subheading 4202.22.4030 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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