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NY N022846




February 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.4500, 4202.92.1500

Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Mr. Hoffacker:

In your letter dated February 1, 2008 on behalf of Ann Taylor, Inc., you requested a classification ruling.

Style 167152 is a handbag constructed with an outer surface of cotton textile material with polyvinyl chloride (PVC) trim. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. The handbag has a center textile-lined compartment with two open pockets and a zippered wall pocket. It secures with a top zipper closure. The handbag has textile-lined compartments on opposite sides of the center compartment which secure by means of a magnetic closure. Both ends of the bag have a pocket with a flap and magnetic closure. The handbag also has two PVC carrying handles. It measures approximately 13” (W) x 8” (H) x 4” (D). The sample is being returned.

Style 162946 is a double handle tote bag constructed with an outer surface of cotton textile material with polyvinyl chloride (PVC) trim. The bag is designed to provide storage, organization, protection, and portability for clothing and other personal effects during travel. It has a textile-lined main compartment with one zippered wall pocket. The bag secures by means of a magnetic snap. The front exterior of the bag has two metal zippered pockets with PVC trim. It measures approximately 15.5” (W) x 12” (H) x 6” (D). The sample is being retained by this office.

The applicable subheading for the style 167152 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 handle, 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 style 162946 will be 4202.92.1500, (HTSUS), 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.

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 and 4202.92.1500 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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