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NY N024014




March 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050, 4202.92.3031

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

RE: The tariff classification of handbags and tote bags from China

Dear Ms. Pastoor:

In your letter dated February 25, 2008 on behalf of Brand Science, you requested a classification ruling. The samples which you submitted are being returned as requested.

Style 7507 is a tote bag constructed with an outer surface of man-made textile material. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The bag features two separate textile-lined compartments, one with a hanging wall pocket. Both compartments have top zipper closures. The front exterior of the bag has two zippered pockets and the back exterior has a zippered pocket the full width of the bag. There is an expansion zipper along three sides of the bag. The bag has an adjustable webbed shoulder strap. It measures approximately 13.25” (W) x 9” (H) x 5” (D).

Style 7540 is a tote bag constructed with an outer surface of man-made textile material. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The bag features a main textile-lined compartment with a zippered wall pocket. The front exterior of the bag has a zippered pocket the full width of the bag, and two flap pockets with hidden magnetic closures. The bag has an adjustable, removable webbed shoulder strap with metal carabineers at each end. It measures approximately 12.5” (W) x 10” (H) x 4.5” (D).

Style 7627 is a handbag constructed with an outer surface of man-made textile material. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. It has a main textile-lined compartment with a top zipper closure and no additional features. The front exterior of the bag has two zippered pockets along the full width of the bag. The bag has an adjustable, removable shoulder strap with metal carabineers at each end. It measures approximately 7.50” (W) x 9.25” (H).

Style 7870 is a handbag constructed with an outer surface of man-made textile material. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. It has a main textile-lined compartment with a top zipper closure and no additional features. The front exterior of the bag has two zippered pockets along the full width of the bag. One of the pockets has individual slots to hold credit cards. The bag has an adjustable, non-removable webbed shoulder strap. It measures approximately 9.5” (W) x 11” (H) x 1” (D).

For styles 7627 and 7870, you suggest classification under 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. However, both styles are more specifically provided for in heading 4202.22.8050 HTSUS, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, of man-made fibers.

The applicable subheading for the style 7507 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6% ad valorem.

The applicable subheading for the style 7540 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 rate of duty will be 17.6% ad valorem.

The applicable subheading for style 7627 and style 7870 will be 4202.22.8050 HTSUS, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, of man-made fibers. 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 4202.22.8050 and 4202.92.3031 fall 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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