CLA-2.1B:CO:G07
Ms. Nancy Welch
Michaels Stores, Incorporated
8000 Bent Branch Drive
Irving, Texas 75063
RE: The tariff classification of two bottle bags from China
Dear Ms Welch:
In your letter dated April 17, 1998, you requested a tariff
classification ruling. Two samples were submitted for our
examination.
The samples submitted, products MS888C and MS888D,"Christmas
wine bags," are bottle bags. The bags measure approximately 12 x
6 inches with outer surfaces of manmade fibers. Each bag has an
elastic strip sewn approximately 12« inches from the top, on the
backside and a decorative bow attached on the front. The elastic
serves to secure it around the neck of a bottle. The neck of the
bottle protrudes through the opening. The bags will be imported
empty. Your samples are herein returned.
The applicable subheading for the bottle bags will be
4202.92.9025, Harmonized Tariff Schedule of the United States
(HTS), which provides for trunks, suitcases, holsters and similar
containers, with outer surface of textile materials; Other:
Other: Other: of manmade fibers. The rate of duty will be 19% ad
valorem.
Item number 4202.92.9025 falls within textile category
designation 670. Based upon international textile trade
agreements, products of China are subject to quota and the
requirement of a visa.
The designated textile and apparel categories may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To
obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report on
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.
May we direct your attention to Part 134, Customs
Regulations (19 C.F.R., Part 134), which implements the country
of origin marking requirements and exceptions of Section 304 of
the Tariff Act of 1930, as amended (19 U.S.C. 1304). Section 304
provides that unless excepted, every article imported into the
United States shall be marked in a conspicuous place as legibly,
indelibly and permanently as the nature of the article (or
container) will permit, in such a manner as to indicate to the
ultimate purchaser in the United States the English name of the
country of origin of the article. The bottle holders are not in
compliance with said statute.
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.
Sincerely,
Jon A. Batt
Port Director
Detroit, Michigan