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NY N025384




April 15, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050, 4202.92.3031, 4202.92.9026

Diane R. Pastoor
V. Alexander & Co., Inc.
110 Mc Ghee Tyson Blvd. Suite 202
Alcoa, TN 37701-4105

RE: The tariff classification of handbags, tote bag, toiletry bags and laptop case from China

Dear Ms. Pastoor:

In your letter dated March 24, 2008 on behalf of Brand Science, LLC., you requested a classification ruling. The samples which you submitted are being returned as requested.

Style 7520 consists of a handbag and a toiletry bag. Both are constructed with an outer surface of 100% man-made textile material. The handbag 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 zippered compartment with a zippered wall pocket. Both the front and back exterior have zippered pockets along the full width of the bag. It has an adjustable shoulder strap. The toiletry bag has a textile-lined interior compartment with a zipper closure. It is designed to provide storage, protection, and portability to cosmetics or toiletry items during travel. For classification purposes, the handbag and toiletry bag are not considered a set. Although sold together, the items are not designed to meet a particular need or carry out a specific activity. Consequently, each item is classifiable separately under its appropriate subheading. The handbag measures approximately 11.5” (W) x 8’ (H) x 4.5” (D). The toiletry bag measures 7.25” (W) x 5.75” (H).

Style 7541 is a handbag constructed with an outer surface of 100% man-made textile material. The handbag is designed and sized to contain the small personal effects that would normally be carried on a daily basis. The interior is textile-lined with a zippered wall pocket and two open pockets. It has a zippered closure and two carrying handles. The front exterior of the bag has a zippered pocket along the full width of the bag, and two open pockets. The back exterior of the bag also has a zippered pocket along the full width of the bag. It measures approximately 13” (W) x 9.25” (H) x 3.75” (D).

Style 7547 consists of a tote bag and a toiletry bag. Both are constructed with an outer surface of 100% man-made textile material. The tote bag is designed to contain personal effects and accessories during travel. The interior is textile-lined with a zippered wall pocket and an open pocket. It has a top zipper closure. At one end of the adjustable shoulder strap, there is a seat-belt like metal closure that secures to the bag. The toiletry bag has a textile-lined compartment with a zipper closure. It is designed to provide storage, protection, and portability to cosmetics or toiletry items during travel. For classification purposes, the tote bag and toiletry bag are not considered a set. Although sold together, the items are not designed to meet a particular need or carry out a specific activity. Consequently, each item is classifiable separately under its appropriate heading. The tote bag measures approximately 23” (W) x 12.5” (H) x 4.5” (D). The toiletry bag measures 8.5” (W) x 7” (H).

Style 7904 is a laptop carrying case that is constructed with an outer surface of 100% man-made textile material. The case has an interior storage compartment without any additional features. It is padded, and specially shaped and fitted to hold a laptop computer. It has a flap that secures with a hook and loop closure. It measures approximately 14” (W) x 11.5” (H) x 1.75” (D).

The applicable subheading for the handbags of styles 7520 and 7541 will be 4202.22.8050, 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 tote bag of style 7547 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 the toiletry bags of styles 7520 and 7547 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 7904 will be 4202.92.9026, HTSUS, which provides in part, for other bags and containers, with outer surface of textile materials, other, 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, 4202.92.3031, and 4202.92.9026 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.

Your inquiry does not provide enough information for us to give a classification ruling on any style that will be constructed from the 0.17mm polyvinyl chloride (PVC) coated polyester material. Your request for a classification ruling should include samples in the same condition as imported. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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