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May 28, 1999

CLA-2-42:RR:NC:TA:341 E82373

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

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

Dear Ms. Wierbicki:

In your letter dated May 19, 1999, on behalf of Avon Products, Inc., you requested a classification ruling for a toiletry bag.

The sample submitted, identified as “Avon Spa Make-up Bag” – PP195131, is a toiletry bag manufactured with an exterior surface of 100 percent polyester woven fabric with a front mesh panel of polyester. The item is not lined nor compartmented similar to a handbag. The mesh front is not of a kind similar to a handbag. The item appears to be a fancy traveling bag for toiletries or other personal effects. It measures approximately 7 ½”(W) x 6 ¾”(H). Your sample is being returned as requested.

The applicable subheading for the toiletry bag of polyester 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 percent ad valorem.

HTS 4202.92.3031 falls 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).

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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