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NY N018014




October 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Anne Amice
10449 Whitebridge Lane
St. Louis, MO 63141

RE: The tariff classification of a toiletry bag from France

Dear Ms. Amice:

In your letter dated October 3, 2007, you requested a tariff 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 toiletry bag constructed with the outer surface of polyvinyl chloride (PVC) plastic sheeting material. It is designed to provide storage, protection, portability, and organization to cosmetics, toiletries, and other small personal effects during travel. The interior of the bag is lined with a textile material and has an open wall pocket. The top of the bag has a zipper closure. It measures approximately 12” (W) x 7.25” (H) x 5” (D).

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 toiletry bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 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/.

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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