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NY K87616




July 12, 2004
CLA-2-42:RR:NC:3:341 K87616

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Sudarshan Uppuluri
660 Montrose Ave.
South Plainfield, NJ 07080

RE: The tariff classification of Wine Bottle Gift Bag from India

Dear Mr. Uppuluri:

In your letter dated July 2, 2004 you requested a classification ruling.

The submitted sample is identified as style 8659. It is a wine bottle gift bag of the kind normally sold at retail. The bag is made-up of 100 percent polyester textile materials. The exterior fabric is a heavy weight velvet fabric and the inner lining is flat woven fabric. The bag has a strong drawstring cord of twisted yarns. The bag measures approximately 7” x 14”. It is dark blue in color and is decorated at the top with glass beads that form a snow flake design.

The applicable subheading for the bottle bag, style 8659, will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for other containers, other, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Goods classified within HTS 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of India are not currently 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

You have requested advice as to the proper marking of style 8659. All imported goods must be permanently, conspicuously and legibly marked with the country of origin. Normally a sewn-in label placed in a conspicuous location at the interior top edge of the bag and legibly printed “Made in India” will satisfy the requirement..

Goods classified within Heading 4202, are not subject to the Textile Fiber Identification Act.

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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