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NY F85637




April 28, 2000

CLA-2-42:RR:NC:341:F85637

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8080; 4202.92.3091

Ms. Rebecca Cheung
Ann Taylor
1372 Broadway, 6/FL.
New York, NY 10018

RE: Amendment to NY Ruling F85277 dated April 7th, 2000.

Dear Ms. Cheung:

In your letter dated April 20rd, 2000 you requested an amendment of classification ruling NY F85277, which was issued to you on April 7th, 2000 from this office. You have brought to our attention that the style numbers were misinterpreted.

In the original ruling NY F85277, style #31-33123 was inadvertently described and classified as style #31-33149 and style #31-33149 was inadvertently described and classified as style #31-33123. The correct classification for style #31-33123 is 4202.92.3091, subject to quota/visa category 870 and the correct classification for style #31-33149 is 4202.22.8080, subject to quota/visa category 871. All other information in the original letter remains the same.

The samples submitted with your request are designated as style #31-33149, a handbag, and style #31-33123, a tote bag, both of which have two carry handles. The front and rear exterior surface of each bag consists of a textile material comprised of 73% wool, 24% nylon, and 3% other fiber; the bottom, side, top panels, and carry handles are of leather. The interior of each bag is lined and contains a back wall zippered pocket. The interior of style #31-33123 has two open pockets and is secured by a leather panel with a center snap closure. It measures approximately 14" x 10" x 4.5". Style #31-33149 is secured by a full-width zippered closure and measures approximately 11.5" x 5.5" x 3.5".

Style #31-33123 and 31-33149 are subject to the Wool Products Labeling Act of 1939.

The applicable subheading for #31-33149 will be 4202.22.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strapwith outer surface of textile materials, other, other, other, other. The duty rate will be 18.6% ad valorem.

The applicable subheading for #31-33123 will be 4202.92.3091, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, other. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.22.8080 fall within textile category designation 871. Based upon international textile trade agreements products of China are subject to the requirement of a visa.

Items classifiable under HTS subheading 4202.92.3091 fall within textile category designation 870. 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 this supplement and the original ruling letter should be attached to the entry documents filed at the port this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. 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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