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NY E87564




September 28, 1999

CLA-2-42:RR:NC:341:E87564

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Seth Wenig
Del Sol
329 E. 6th St.
Tucson, AZ 85705

RE: The tariff classification of a tote bag from Mexico.

Dear Mr. Wenig:

In your letter dated September 8th, 1999, you requested a classification ruling for a tote bag from Mexico.

The sample submitted with your request is a double handle tote bag made of woven polyethylene textile material and measures approximately 12" x 11". The top opening of the bag does not have a closure. The interior of the bag is unlined and consists of a single compartment with no additional features.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ยง1304), 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 recommend that the bag be marked by means of a fabric label sewn into the side interior of the bag that states "Made in Mexico".

The applicable subheading for the tote 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 material, other, other, of man-made fiber, 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 Mexico 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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