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NY L81151




December 10, 2004

CLA-2-42:RR:NC:TA:341 L81151

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 6214.30.0000

Ms. Irene Kwok c/o Mr. Zakir Ally
CGroup US Inc.
12 W 57th Street, 5th Floor
New York, NY 10019

RE: The tariff classification of a tote bag and scarf from China.

Dear Ms. Kwok:

In your letter dated November 26, 2004, you requested a classification ruling.

The sample submitted for classification is a tote bag identified as “Tote Bag SP ll’05 D/A PWP” (VSB1605-512-B). The bag will be imported and sold at retail with a scarf of 100% polyester textile material.

The tote bag measuring 11”(W) x 8”(H) x 6 ½”(D) designed to contain personal effects during travel. It is manufactured of a textile fabric consisting of 70% cotton and 30% polyester. The bag is in chief weight of the cotton material. The bag has double carrying handles and the top is unsecured.

The rectangular scarf measures approximately 7” x 54”. It is constructed of 100% woven polyester fabric. It will be threaded through loops on the bag’s exterior for decoration. It will not be permanently attached to the bag.

The applicable subheading for the tote bag of cotton will be 4202.92.1500, Harmonized Tariff Schedule of the United States (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 6.3 percent ad valorem.

The applicable subheading for the scarf will be 6214.30.0000, HTS, which provides for shawls, scarves, mufflers, veils and the like: of synthetic fibers. The duty rate will be 5.3 percent ad valorem.

HTS 4202.92.1500 falls within textile category designation 369. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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