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NY J88654




September 11, 2003

CLA-2-42:RR:NC:3:341 J88654

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050, 9603.21.0000, 6109.90.1065

Melissa Weiss
C/o Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a ladies handbag, toothbrush, and tank top from China - correction to ruling J87132.

Dear Ms. Weiss:

This letter is being issued to correct an error in NY Ruling J87132. The error concerns the classification of the tank top, which has been corrected below.

In your letter dated August 11th, 2003 you requested a tariff classification ruling. The ruling request is on behalf of Nine West, Inc.

The sample submitted, identified as the “Stay the Night”, is a ladies handbag that contains a women’s tank top and a toothbrush. You indicate that these items are to be packaged and presented for importation together.

The ladies handbag measures approximately 9”W x 9 ¾”H x 3 ½”D and is constructed with an exterior surface that is predominantly of man-made textile material and plastic sheeting. The bag features a zippered enclosure across its top and plastic carrying straps and a shoulder strap. The lined interior of the item has two open pockets on one side and a zippered pocket on the other. The exterior of the bag features an open pocket.

The applicable subheading for the handbag will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, of man-made fibers. The rate of duty will be 17.8 percent ad valorem.

Items classified in HTS 4202.22.8050 fall within category 670. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

The applicable setting for the toothbrush will be 9603.21.0000, HTS, which provides for toothbrushes, including dental-plate brushes. The rate of duty will be Free.

The submitted article of clothing is a 60 percent polyester/ 40 percent cotton knit tank top. The item has scalloped edging on the shoulder straps and the word Esprit™ printed on the chest. You have proposed classification as a nightgown. However, the item is actually an upper body shirt. It lacks the coverage necessary for a nightgown as it extends only to the waist vicinity.

The applicable subheading for the government will be 6109.90.1065, HTS, which provides for t-shirts, singlets, tank tops, and similar garments, knitted or crocheted, of man-made fibers, women’s or girls’, other, tank tops, women’s. The rate of duty will be 32.2 percent ad valorem.

The tank top falls within textile category designation 639. 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 may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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