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NY F89742




July 27, 2000

CLA-2-42:RR:NC:TA:341 F89742

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Sonya Clarke
Limited Distribution Services
Seven Limited Parkway
Reynoldsburg, OH 43068

RE: The tariff classification of a novelty toiletry bag from China.

Dear Ms Clark:

In your letter dated July 12, 2000, on behalf of Bath & Body Works, Inc., you requested a classification ruling for a novelty toiletry bag.

The sample submitted is identified as style number 41771 “Sheer Carrot”. The item is a novelty toiletry bag in the shape of a carrot designed to contain Bath & Body toiletry products. The bag is manufactured of clear polyvinyl chloride (PVC) covered on the exterior surface with a sheer polyester fabric. The exterior polyester fabric is adorned with ribbons, artificial flowers and bugle beads. The flowers are sprinkled with iridescent glitter. The bag measures approximately 4 1/2 inches at the top diameter and 7 5/8 inches in length. The backside of the sample submitted is secured by means of a zippered closure. However, you have stated that the sample being imported will have a hook and loop fastener. Your sample is being returned as requested.

You have proposed that the bag be classified within 9505.90.6000, HTSUSA. However, for classification purposes the bag is not designed for use with any specific holiday and will be classified accordingly.

The applicable subheading for 41763 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 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 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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