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June 10, 1999

CLA-2-42:RR:NC:341 E82126

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050; 6217.10.8500

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

RE: The tariff classification of ladies handbags and a ponytail holder from China.

Dear Ms. Tetzlaff:

In your letter dated May 21, 1999, you requested a classification ruling for ladies handbags and a ponytail holder from China.

The samples submitted with your request are identified as style numbers LH0000 A/B/C/D, LH0001 A/B/C, LH0303 A/B, LH0502 A/B/C, and LH0008 A/B/C. The items are handbags designed to carry money, keys, and small accessories during travel. Each has an external surface constructed of 100% polyester.

Style LH0000 A/B/C/D measures approximately 9" in height by 4" in width (at the widest point) by 4 1/2" gusset. An adjustable, permanently attached shoulder strap is sewn into the top of the bag. A zippered closure that spans the full length of the bag is used to close the top opening. The interior of the bag is lined and contains a zippered pocket.

Style LH0001 A/B/C measures approximately 12" in height by 3" in width by a 3" gusset. Two permanently attached shoulder straps are sewn into the bag and extend to the bottom of the bag on both the front and rear. The top opening of the bag is secured by a center magnetic snap. The interior of the bag is lined and contains two compartments that are separated by a full-length center pocket with a zippered closure. A small, zippered accessory bag of man-made textile material is sold with the item. Style LH0303 A/B measures approximately 7" in height by 3 1/2" in width. The top of the bag has a full-length zippered closure and two carry handles. The interior of the bag is lined and contains a zippered pocket.

Style LH0502 A/B/C features two carry handles and a detachable shoulder strap. The top opening of the bag has a zippered closure. On the front and rear of the bag, there is a pocket with a center magnetic snap closure. The interior of the bag is lined and contains a zippered pocket. The dimensions of the bag are approximately 5 1/4" in height by 5 3/4" in width. The bag is sold with a fabric covered elasticized ponytail holder.

Style LH0008 A/B/C has a top zippered closure and two permanently attached shoulder straps. The exterior of the bag has two pockets, one on the front with a center magnetic snap closure and one on the rear of the bag without a closure. The interior of the bag is lined and contains a zippered pocket. The bag measures approximately 9" in height by 4" in width (at its widest point) by a 3" gusset.

The handbag and the accessory bag are considered to be a "set" as provided by General Rule of Interpretation (GRI) 3 (b). The handbag is the component that imparts the essential character. Therefore, each are classified as a unit within the tariff provision for the handbag for duty purposes only.

The applicable subheading for the handbags (including that which is presented with the accessory pouch) will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 18.8 percent ad valorem.

The applicable subheading for the ponytail holder will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories; parts of garments or of clothing accessories, other, than those of heading 6212, accessories, other, headbands, ponytail holders an similar articles. The duty rate will be 15 percent ad valorem.

Handbags classifiable under HTS subheading 4202.22.8050 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 accessory bag is classifiable in subheading 4202.92.3031 (for quota and visa purposes) and falls within textile category 670. The accessory bag is subject to quota and will require a separate 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 samples are 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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