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NY E88000




October 6, 1999

CLA-2-42:RR:NC:341:E88000

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Carol Mossa
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: The tariff classification of tote bags from Hong Kong.

Dear Ms. Mossa:

In your letter dated September 27th, 1999, you requested a tariff classification ruling for tote bags from Hong Kong.

The samples submitted with your request are identified as style #1150, "Large Zippered Microfiber Tote" and style #1152, "Small Microfiber Tote". The items are double handle tote bags designed to carry clothing and other personal effects during travel. Both bags have an exterior surface of polyester textile material. Style #1150 measures 15" x 12 3/4" x 5 1/4". The interior of the bag consists of a single central compartment with a back wall zippered pouch. The top opening of the bag is secured by a full-width zippered closure. An open pocket is incorporated on the front exterior. Style #1152 measures 15" x 11 1/2" x 4 1/4". The interior of the bag consists of a single central compartment with a back wall zippered pouch on each side of the interior. The top opening of the bag is not secured by a closure.

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 bags be marked by fabric labels sewn into the side interiors that read "Made in Hong Kong".

The applicable subheading for the tote bags 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 rate of duty 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.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).

Your samples are being returned as requested.

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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