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NY F88657




June 30, 2000

CLA-2-42:RR:NC:TA:341 F88657

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Cordell Harges
Hot Shield USA, Inc.
14962 Bear Valley Rd.,
Suite G, PMB-112
Victorville, CA 92392

RE: The tariff classification of a traveling bag from China.

Dear Mr. Harges:

In your letter dated May 20, 2000, you requested a classification ruling for a traveling bag.

The sample submitted, identified as model 2-B, is a traveling bag manufactured with an exterior surface of nomex, which is a man-made textile material. The interior of the bag is unlined with no additional features. The bag features double web textile carrying straps and it is secured by means of a double zippered top closure.

The applicable subheading for the model 2-B 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, of man-made fibers, other. The duty rate will be 18.6 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The marking statute, section 304, Tariff Act of 930, as amended (19 U.S.C. 1304), 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

We suggest that each bag be marked with a sewn-in fabric label, which reads “Made in China in a conspicuous location.

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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