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NY G84767




December 15, 2000

CLA-2-42:RR:NC:341:G84767

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050; 4202.22.1500; 7907.00.6000

Mr. Joseph L. Giumentaro
JAS Forwarding (USA), Inc.
2280 208th Street
Torrance, CA 90501

RE: Amendment to NY Ruling G82995 dated October 12th, 2000.

Dear Mr. Giumentaro:

In your letter dated December 1st, 2000, you requested an amendment of classification ruling G82995, which was issued to you on October 12th, 2000 from this office. You state that erroneous information was provided regarding the importer of record and that the product descriptions differ from those provided in this request.

In the original ruling G82995, the importer of record was identified as SacSaver. The correct importer of record is Bisadora LLC. The revised product names and descriptions are stated below. All other information in the original letter remains the same.

In your letter dated December 1st, on behalf of Bisadora LLC, you requested a classification ruling.

The samples submitted with your request are handbags that are identified as "Zenith Angel Purses". You state that the handbags will be sold with a zinc alloy chain belt that will be imported separately. Each purse measures approximately 5.25" x 5.25". The interior of each consists of two compartments and the top opening of each is rimmed with spring steel that is used as reinforcement and as a closure. The rear of each handbag has an open slot to hold the chain belt. "Velvet", "Sparkle Velvet", "Ultra Suede" are made of 100% polyester. "Fake Fur Print" is made of 100% acrylic textile material. "Glitter" is made of sheeting of sheeting of Polyvinyl Chloride.

The marking statute, section 304, Tariff Act of 1930, 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. We suggest that the purses be marked with a fabric label sewn into the side interior that reads, "Made in China".

With respect to the chain belt, 19 CFR 134.1(d)(1) states that if an imported article will be used in manufacture, the manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. The case of U.S. v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940), provides that an article used in manufacture which results in an article having a name, character or use differing from that of the constituent article will be considered substantially transformed and that the manufacturer or processor will be considered the ultimate purchaser of the constituent materials. In such circumstances, the imported article is excepted from marking and only the outermost container is required to be marked. See, 19 CFR 134.35.

The applicable subheading for "Velvet", "Sparkle Velvet", "Ultra Suede" and "Fake Fur Print" 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.

The applicable subheading for "Glitter" will be 4202.22.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strapwith outer surface of sheeting of plastic. The duty rate will be 17.6% ad valorem.

The applicable subheading for the zinc alloy chain belt will be 7907.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of zincother. The duty rate will be 3% 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 samples are 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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