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NY N017814




October 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.4500

Anne Amice
10449 Whitebridge Lane
St. Louis, MO 63141

RE: The tariff classification of a handbag from France

Dear Ms. Amice:

In your letter dated September 27, 2007, you requested a classification ruling. The sample which you submitted is being retained by this office.

A style number was not provided for the sample submitted. The item is a handbag with an adjustable shoulder strap that is designed and sized to contain the small personal effects that would normally be carried on a daily basis. The handbag is constructed with an outer surface of cotton textile material. The interior of the handbag has an unlined storage compartment and a zipper closure. The front flap and back exterior both have zippered pockets. It measures approximately 9” (W) x 2” (D) x 9.5” (H).

In your letter you mention that a removable sticker with the country of origin will be applied once the shipment arrives in the United States. This is not acceptable. The marking statute, section 304, 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 in the U.S. the English name of the country of origin of the article prior to its importation. Because there are a variety of acceptable methods of marking, including hang-tags, labels, etc., we suggest you contact your local Customs port for advice on the method that will least detract from the design.

The applicable subheading for the handbag will be 4202.22.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, whether or not with shoulder strap, including those without handles, with outer surface of textile materials and not of pile or tufted construction, other, of cotton. The duty rate will be 6.3 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/.

HTSUS 4202.22.4500 falls within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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