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NY L89938




February 22, 2006

CLA-2-42:RR:NC:N3:341 L89938

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.91.0030; 4202.92.3031

Mr. Edward E. Foster
Customs Compliance Manager
Cole – Hann
One Cole-Hann Drive
Yarmouth, Maine 04096-1515

RE: The tariff classifications of tote bags from China and Indonesia

Dear Mr. Foster:

In your letter dated January 23, 2006 you requested a classification ruling.

The submitted samples are identified as styles B14617 (Village) and B14470 (MIA). Each item is a shoulder style tote bag of a kind normally carried by a lady. Each tote is designed and used to contain personal effects and accessories as well as the small personal accessories commonly carried in a handbag. The samples will be returned as requested.

Style B14617 is part of the Cole-Hann “Village” collection. It is wholly of top grain leather of an unnamed species and not coated or covered with a film of plastics. The bag measures approximately 15” wide x 13” high and has a 5.5” “T” gusset. It is carried by means of a single shoulder strap of self-material that is affixed to the main body by means of heavy metal dog lease clasps and “D” rings. The bag’s interior is lined with man-made textile material that has one zippered pocket and two open pockets that appear to be suitable for a cell phone and a pair of spectacles. The main interior compartment is unstructured or compartmented. The bag has an open top that has a single magnetic button closure in its center. The country of origin marking consists of a fabric label that has an exposed surface that is approximately 3/8” x 3/8” and is sewn into the lining seam approximately 6” from the top edge of the bag. The label is printed in contrasting color reading “Made in Indonesia” however the location causes it to be inconspicuous and the placement within the seam obscures the full lettering.

Style B14470 is part of the Cole-Hann “MIA” collection. It is mainly of man-made fiber textile materials with leather corners, bottom and shoulder strap. The bag measures approximately 16” wide x 12 ¾” high and has a 2 ½” gusset. It is carried by means of a single shoulder strap that is affixed to the main body by means of heavy metal buckle that is sewn to each end. There is one small zippered pocket on the front exterior. The bag’s interior is lined with man-made textile material that has one zippered pocket and two open pockets that appear to be suitable for a cell phone and a pair of spectacles. The main interior compartment is unstructured or compartmented. The bag has a full width brass zipper closure and a leather swagger type grip with grommet affixed to the zipper slider. The bag has a label that has an exposed surface that is approximately 2” x1” and is sewn into the lining seam approximately 4” from the top edge of the bag. The label now reads, ”Sample Not to be Sold Made in China.” It is assumed that future importations will be marked similar to style B14617.

The applicable subheading for item B14617 will be 4202.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for travel, sort and similar bags, with outer surface of leather. The duty rate will be 4.5 percent ad valorem.

The applicable subheading for item B14770 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Tariff number 4202.92.3031 falls within textile category designation 670. 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.

The marking statute, section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The country of origin fabric label now placed within sample item B14770 is not considered to be legible nor conspicuous. It is recommended that both bags be marked with a sewn-in fabric label placed at a point near the top edge of the bag and that the label be placed so that the full wording is visible.

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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