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NY K87673




July 28, 2004
CLA-2-42:RR:NC:3:341 K87673

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.21.9000; 4202.31.00.6000

Ms. Cindy Vinson
IFF, Inc.
452-A Plaza drive
PO Box 45505
Atlanta, GA 30320

RE: The tariff classification of a leather handbag and coin purses from Poland; Storage Bag from Italy; Country of origin Marking

Dear Ms. Vinson:

In your letter dated July 11,2004 you requested a tariff classification ruling. The request is on behalf of Bree Collection GMBH & Co,

You have submitted samples of a 100% leather handbag and coin purse. Each item is marked “Made in Poland”. In addition you have submitted a sample of a lightweight drawstring bag of the kind normally used for storage of a handbag. The storage bag is sized particularly for the handbag and is said to be a product of Italy. You have indicated that the storage bag will be presented with the handbag. You request a ruling decision as to the proper country of origin marking of each article. The samples will be returned as requested.

The marking statute, section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides that, unless excepted, every article (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article.

The submitted handbag is marked by means of a sewn-in leather tag placed on the interior of the main compartment approximately mid-way between the top and the bottom. The tag is blind stamped “Made in Poland”. The mark is not considered to be legible nor conspicuous. The submitted sample does have a sewn-in fabric label that bears the name Bree in contrasting print. The label is placed in a location at the center top of the main compartment and is readily visible to the ultimate consumer. It is recommended that the country of origin be shown on the front side of the same or similarly placed sewn-in label and that the print be at least 3/32” or 6.77 points ((a point is a unit of measure equal to 1/72” high).

The coin purse is die stamped in a contrasting color on the interior front panel that is readily visible to the user when opening and using the purse. The contrasting stamp reads “Made in Poland”. The marking now presented is visibly and conspicuously marked, as the nature of the coin purse will permit.

The storage bag is said to be a product of Italy. The submitted sample is not marked with the country of origin. The bag is not considered to be disposable packing. Therefore, it must be marked with the country of origin. It is recommended that the bag be marked by means of a sewn-in label, placed in the top seam near the ends of the drawstring The print may read “Bag Made in Italy”.

The applicable subheading for the leather handbag with storage bag, valued over $20 each, will be 4202.21.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for handbags with outer surface of leather, other. The rate of duty will be 9 percent ad valorem.

The applicable subheading for the leather coin purse, will be 4202.31.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in a handbag, with outer surface of leather, other. The rate of duty will be 8 percent ad valorem.

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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