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August 17, 1999

CLA-2-42:RR:NC:TA:341 E85432

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 an Expandable Tote Bag from China.

Dear Ms Wierbicki:

In your letter dated August 4, 1999, on behalf of Avon Products, Inc., you requested a classification ruling for an expandable tote bag.

The sample submitted, identified as a “Shoulder Bag With Front Pocket” –PP195781, is an expandable tote bag measuring approximately 14”(H) x 14”(W). The bag is manufactured of an exterior surface of polyester man-made material with a plastic coated interior. The article features an undivided and unlined interior compartment, and three exterior front pockets designed to contain personal effects during travel. The bag has a zipper along both sides and bottom that permits the article to expand. The top of the bag is secured by means of snap fastener. Your sample is being returned as requested.

The applicable subheading for the expandable tote 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.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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