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NY I89380




December 31, 2002

CLA-2-42:RR:NC:3:341 I89380

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8030

Mr. Steve Coffey
Import Department
A.H. Carter & Associates
7256 S. 227th Place
Kent, Washington 98032

RE: The tariff classification of a briefcase of textile materials from China

Dear Mr. Coffey:

In your letter dated December 18, 2002 you requested a tariff classification ruling. The request is on behalf of Global New Beginnings, Inc.

A sample of a briefcase has been submitted . The sample is not identified by style number. It is a briefcase mainly of a woven man-made fiber textile material with imitation leather trim and top grip. The bag has a removable woven fabric shoulder strap. The woven man-made fiber textile material is printed with a “Check” pattern similar to that subject of United States Customs Trademark Recordation TMK02-00778 owned by Burberry Limited.

The applicable subheading for the briefcase of man-made fiber textile materials will be 4202.12..8030, Harmonized Tariff Schedule of the United States (HTS), which provides for attaché cases and brief cases, with outer surface of textile materials, of man-made fibers . The rate of duty will be 18.1% ad valorem.. Effective January 1, 2003, the rate will be 17.8% ad valorem.

If the “Check” pattern is found to be confusingly similar to the “Burberry” Recordation, imported briefcases bearing the design may be subject to 19 C.F.R. 133.22 , “Restrictions on Importation of articles bearing, copying or simulating trademarks.”

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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