NY 816215: The tariff classification of a handbag from China and/or Taiwan

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY 816215
                        November 26, 1995


CLA-2-42:RR:NC:5:341 816215  

CATEGORY: Classification

TARIFF NO.:    4202.22.8050  

Mr. David A. Eisen
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-8901

RE:  The tariff classification of a handbag from China and/or
     Taiwan

Dear Mr. Eisen:

     In your letter dated October 27, 1995 you requested a
classification ruling.  The request is on behalf of Avon
Products, Inc.

     A sample of item PP 138041, Romantic elegance Bag" has been
submitted.  It is an evening bag  of polyester satin textile
materials.  The bag has a twisted polyester cord shoulder strap
and a similar cord drawstring closure.  The exterior consists of
a base fabric which is wholly covered with a wide mesh embroided
fabric composed of a fine braided  polyester cord  which is
knotted with imitation pearls at each knot.  The knotted fabric
is of a kind which is classified within Heading 5810, Harmonized
Tariff System of the United states, Annotated (HTSUSA) which
provides for Embroidery in the piece in strips, or in motifs. 
The embroided fabric does not constitute the entire outer surface
nor body of the handbag. Your sample is returned as requested.

     You have indicated that item PP138041 is classified within
Tariff number 4202.22.4030 which provides in part for handbags,
with outer surface of textile materials, wholly or in part of
braid.  It is your position that the fine braided polyester cord
from which the wide mesh knotted embroided fabric is fabricated
is significant and not "de minimis" in terms of the overall
finished handbag.

     The fact that the embroided fabric is constructed of a
braided cord is not controlling.  The material would be
classified within tariff Heading 5810 whether or not it is of a
braid construction and the fact that it is of a braided cord does
not significantly add to the handbag.  

    

     The applicable subheading for PP 138041, handbag of
polyester satin, will be 4202.22.8050, Harmonized Tariff Schedule
of the United States (HTS), which provides, in part,  for
HANDBAGS with outer surface of textile materials, other, other,
other, of man-made fibers.  The duty rate will be 19.8 percent ad
valorem.

     Items classified within Tariff number 4202.22.8050 fall
within textile category designation 670.  Based upon
international textile trade agreements products of  China and/or
Taiwan 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 Section
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,



                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division