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July 28, 1999

CLA-2-42:RR:NC:341:E83662

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Mike McKenna
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of a duffel bag from Hong Kong.

Dear Mr. McKenna:

In your letter dated June 11th, 1999, on behalf of Krupp Bilstein of America, you requested a classification ruling for a duffel bag from Hong Kong.

The sample submitted with your request, no style number identified, is a duffel bag manufactured of a man-made textile material that is backed with a compact plastic sheeting material. The textile material forms the exterior surface of the bag. The bag has one main compartment and a smaller compartment on each side with zippered closures. On the front exterior of the bag, there is a full-length zippered pocket. The bag features two carry handles and a detachable shoulder strap of nylon webbing.

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.

19 C.F.R. §134.1(d) defines ultimate purchaser as generally the last person in the U.S., who will receive the article in the form in which it was imported. 19 C.F.R. §134.1(d)(4) also indicates that if the imported article is distributed as a gift the recipient is the "ultimate purchaser." Consequently, although the duffel bag may be given away by businesses as promotions or advertisements, under the Customs regulations the recipient of the duffel bag, not the importer, would be considered the ultimate purchaser. Therefore, the duffel bag must be marked permanently, legibly and conspicuously, to indicate their country of origin to their recipient. We suggest that the bag be marked by means of a fabric label sewn into the side interior of the bag that reads "Made in Hong Kong".

The applicable subheading for the duffel 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, 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 Hong Kong 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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