CLA-2-42:RR:NC:3:341 D83894
Barbara Y. Wierbicki
Serko & Simon LLP
One World Trade Center, suite 4371
New York, N.Y. 10048
RE: The tariff classification of a Sling Bag from China
Dear Ms Wierbicki:
In your letter dated October 21, 1998 you requested a classification ruling. The request is on behalf of Trebbiano LLC.
A sample of a sling bag, identified as style number 98093, has been submitted. The bag measures approximately 16 inches high, has a base diameter of 8 inches and the sling style shoulder strap is approximately 26 inches long. The bag is constructed of a outer surface wholly of a crocheted yarn which consists of 66.5 percent cotton, 26.8 percent olefin and 6.7 percent rayon fibers. The crocheted yarn is in chief weight of cotton fibers. The interior of the bag is unstructured and is lined. There is a small open pocket in one interior lining wall and the top has a magnetic snap which closes the mid-section of the bag top. The bag is marked by means of a sewn in fabric label which reads “Made in China”. You have requested that the sample be returned, however, it has been partially consumed in examination and the portion remaining is now being returned.
You have indicated that the fabric is the same as that ruled upon in NY D81192 which consisted of a warp knot fabric said to be constructed of 68/32 cotton polyethylene blend. Upon Customs laboratory examination, style 98093 is constructed of a crocheted yarns of a fiber content as described above and is therefore not the same.
The applicable subheading for style 98093, sling bag of crocheted yarns in chief weight of cotton fibers, will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for, in part, for travel, sport 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 6.8 percent ad valorem.
Tariff number 4202.92.1500 falls within textile category designation 369. 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.
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 Kevin Gorman at 212-466-5893.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division