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NY G82340




September 28, 2000

CLA-2-42:RR:NC:341:G82340

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050

Ms. Barbara Y. Wierbicki
Tompkins & Davidson
One Astor Plaza
1515 Broadway
New York, NY 10048

RE: The tariff classification of a handbag from China.

Dear Ms. Wierbicki:

In your letter dated September 19th, 2000, on behalf of Avon Products, Inc., you requested a classification ruling.

The sample submitted with your request is identified as "Woven Shoulder Bag", #PP216871. The item is a handbag designed to contain money, keys, and small accessories on a daily basis. The bag is constructed of a knit fabric consisting of twisted polyethylene (PE) strips not having an apparent width of 5 mm.

The Explanatory Notes clarify which kind of strips are not considered plaiting materials of Chapter 46. "For the purposes of this Chapter, the following are not considered to be plaiting materials and articles or products made therefrom are excluded from the Chapter: (ii) Monofilament of which no cross-sectional dimension exceeds 1 mm, or strip or flattened tubes (including strip and flattened tubes folded along the length), whether or not compressed or twisted (artificial straw and the like), or man-made textile materials, provided that the apparent width (i.e., in the folded, compressed or twisted state) does not exceed 5mm (Section XI)." Therefore, pursuant to the Explanatory Notes to Chapter 46, HTS, the strips are not considered plaiting materials of Chapter 46.

The interior of the bag is lined and has a back wall zippered pocket. The top opening of the bag is secured by a drawstring closure that also serves as straps that enable use as a backpack. The interior of the bag is also accessible by means of a zippered opening on the rear exterior. The front of the bag has a small leather applique which is embossed with the word "Rosetti".

The applicable subheading for #PP216871 will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strapother, other, other, of man-made fibers. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.22.8050 fall 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).

Your sample is 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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