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NY N018811





November 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 4202.92.4500

Yvette Powell
Bare Escentuals
71 Stevenson Street
San Francisco, CA 94105

RE: The tariff classification of toiletry bags from China

Dear Ms. Powell:

In your letter dated October 8, 2007 you requested a classification ruling. The samples which you submitted are being retained by this office.

Style 38916 is a bi-fold toiletry bag constructed with an outer surface of polyvinyl chloride (PVC) plastic sheeting material. The bag is designed to hold small personal effects and toiletries during travel. The interior has two plastic storage pockets with zipper closures. The toiletry bag also has a detachable zippered vinyl pouch which is affixed to the bag by means of snaps. The bag secures with a metal buckle. It measures approximately 7.5” (W) x 9.5” (L).

Style 39363 is a toiletry bag constructed with an outer surface of 100% polyester textile material. The bag is designed to hold small personal effects and toiletries during travel. The interior has a clear vinyl expandable zippered pocket. There is also a flap with an elastic band under which lies another fitted elastic band to hold toiletry items such as, mascara, make-up brushes, lipstick, etc. The bag has a zipper closure along all three sides. It measures 5’’ (W) x 7” (L) x 1” (D) when closed.

The applicable subheading for style 38916 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 plastic sheeting, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for style 39363 will be 4202.92.3031, (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. 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/.

HTSUS 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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