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NY F80353




December 17, 1999

CLA-2-42:RR:NC:341:F80353

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, NY 10022

RE: The tariff classification of a toiletry bag with a drawstring closure from China.

Dear Mr. Pellegrini:

In your letter dated December 3rd, 1999, you requested a tariff classification ruling.

The sample submitted with your request is a toiletry bag that measures approximately 10 1/2" in height by 4 3/4" in width by a 4" gusset. A style number was not submitted with your request. The main body is comprised of a clear sheeting of plastic with textile trim. The top 3 inches are comprised of man-made textile material with a drawstring closure. The plastic sheeting imparts the essential character.

Ruling HQ 955660 involves classification under Chapter 42 of a similar article, which consists of a bag with a vinyl flap that extends from the top of the bag and overlaps the opening. The flap is sewn along the edges but has no other means of closure. In the ruling, it is noted that there is no prerequisite that containers of HTS heading 4202 must be specially fitted to accommodate a particular object, need to possess handles or straps, be constructed with rigid exteriors, or be secured by a closure. Additionally, it is pointed out that the term "during travel" as specified under Additional U.S. Note 1 to Chapter 42 is unqualified and no limits were placed on the duration or distance of any journey in order for it to constitute travel.

The applicable subheading for the toiletry bag with drawstring closure will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, other. The rate of duty for the years 1999 and 2000 will be 20% ad valorem.

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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