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NY G85803




January 26, 2001

CLA-2-42:RR:NC:TA:341 G85803

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.4000; 4202.92.1500

Ms. Graciela DeAlcon
Wal Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a train case/toiletry bag set, travel bag and toiletry bag from Philippines.

Dear Ms. DeAlcon:

In your letter dated January 18, 2001, you requested a classification ruling for a train case/toiletry bag set, travel bag and toiletry bag.

You have submitted two samples identified as style numbers S-50799 and S-55105.

Style S-50799 consists of a train case and a toiletry bag manufactured of 100 percent cotton printed fabric. Both items have the common function of carrying toiletries and personal effects during travel. The items are put up for retail sale as a set. For classification purposes style S-50799 is considered to be a set within General Rule of Interpretation 3(b). The train case will impart the essential character of the set.

The train case of cotton is classifiable under subheading 4202.12.4000, HTS. The toiletry of cotton is classifiable under subheading 4202.92.1500, HTS.

Style S-55105 consists of a traveling bag and a toiletry bag. Each is of a printed fabric having a composition of 56 percent cotton and 44 percent polyester fibers.

Style S-55105 does not consist of two or more articles prima facie classified in different subheadings.

Your samples are being returned as requested.

The applicable subheading for style S-50799, the train case and toiletry bag presented as a set, will be 4202.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases and similar container, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.6 percent ad valorem.

The applicable subheading for style S-55105, the travel bag and toiletry bag (each), will be 4202.92.1500, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.6 percent ad valorem.

HTS 4202.12.4000 and 4202.92.1500 falls within textile category designation 369. Based upon international textile trade agreements products of Philippines are subject to 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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