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NY N023737




March 5, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.4500; 4202.92.1500

Diane R. Pastoor
V. Alexander & Co., Inc.
110 McGhee Tyson Blvd., Suite 202
Alcoa, TN 37701

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

Dear Ms. Pastoor:

In your letter dated February 21, 2008 on behalf of Brand Science, you requested a classification ruling. The samples which you submitted are being returned as requested.

Style 9644 is a tote bag constructed with an outer surface of 65% cotton, 35% polyester textile material. The bag is designed to provide storage, organization, protection, and portability for clothing and other personal effects during travel. It has a main textile-lined compartment, a zippered wall pocket and an open top. The bag has a shoulder strap and an open pocket at the sides. It measures approximately 14” (W) x 10” (H) x 5” (D).

Style 9648 is a tote bag constructed with an outer surface of 65% cotton, 35% polyester textile material. The bag is designed to provide storage, organization, protection, and portability for clothing and other personal effects during travel. The bag has a textile-lined interior compartment with no additional features. It has a metal zipper closure at the top, and two carrying straps. It measures 15” (W) x 8” (H) x 5” (D).

Style 9650 is a tote bag constructed with an outer surface of 65% cotton, 35% polyester textile material. The bag is designed to provide storage, organization, protection, and portability for clothing and other personal effects during travel. The bag features a textile-lined interior compartment with several open pockets along the sidewalls. It has a metal zipper closure at the top and a shoulder strap. It measures approximately 20” (W) x 14.25” (H) x 6.5” (D).

You suggested classification of style 9648 and 9650 under 4202.22.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags constructed with an outer surface of cotton textile material. However, styles 9648 and 9650 have sufficient interior storage capacity to accommodate larger personal effects such as clothing, books, food, etc.

Style 9651 is a handbag constructed with an outer surface of 65% cotton, 35% polyester textile material. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. The bag features a textile-lined interior compartment with a zippered wall pocket. It has an open top with a metal hook closure, and two carrying handles. It measures approximately 8” (W) x 9” (H) x 5.25” (D).

The applicable subheading for style 9644, Beatrice bag, will be 4202.92.1500, Harmonized Tariff Schedule of the United States (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.

The applicable heading for style 9648, Veronique bag 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.

The applicable heading for style 9650, Anouck bag 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.

The applicable subheading for style 9651, Delphine bag will be 4202.22.4500, 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.

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 fall 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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