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NY E89653




November 17, 1999

CLA-2-42:RR:NC:341:E89653

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Road
Hoffman Estates, IL. 60195

RE: Amendment to NY Ruling E86584, dated September 13, 1999.

Dear Ms. Balice:

This letter replaces NY Ruling E86584. The denim shoulder bag is classifiable under 4202.22.4500, rather than 4202.22.1500, as stated in the original ruling. All other information in the original letter remains the same.

In your letter dated August 18th, 1999, you requested a classification ruling for a shoulder bag and a tote bag from China.

The sample submitted with your request is identified as style 85899, which consists of two components. One is a shoulder bag of 100% cotton denim. The second is a small tote bag of clear polyvinyl chloride (PVC) sheeting of plastic.

The cotton denim shoulder bag measures approximately 8 1/2" x 6 1/2" x 1 3/4". It is lined with a print fabric and has a top zipper closure. The bag has a metal "D" ring sewn to each exterior top side. The shoulder strap is of self material and has dog leash type clasps at each end.

The PVC tote bag measures approximately 9" x 7" 2 1/2". It is unlined and has double handles of cotton denim. The interior top sides are fitted with a dog leash type clasp. The bag is open.

Style 85899 is made up as a two piece set which consists of a shoulder bag and a shopping type tote bag. The shoulder bag is primarily used to contain the small personal effects normally carried in a handbag on a daily basis. The tote is primarily used to carry small purchases while traveling about on a daily basis. They are designed so that a lady can carry the shoulder bag within the tote bag as one bag by affixing the denim bag to the interior dog leash clasps. The denim bag can be removed and carried on the shoulder when the user desires a small tote to carry other personal items or purchases. The bags satisfy the particular need of having a bag to carry small personal effects and property.

General Rule of Interpretation 3(b) provides for sets of goods which are prima facie classifiable in two or more tariff provisions provided the goods are presented put up in a manner suitable for sale directly to users without repacking and are put up to meet a particular need or activity. GRI 3 (b) provides that classification will be according to the component which imputes the essential character to the whole. If no essential character can be determined, GRI 3 (C) requires that classification shall be according to that which appears last in numerical order among those which equally merit consideration.

The denim shoulder bag is of a kind classified in subheading 4202.22.4500, HTSUS as a handbag. The PVC shopper tote bag is of a kind classified in subheading 4202.92.4500 as a shopping bag or tote bag. Neither bag imparts the essential character in that they each have the same essential role.

The applicable subheading for style 85899 will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, other. The duty rate will be 20% ad valorem.

The cotton denim shoulder bag is subject to textile restrictions of textile category designation 369. 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).

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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