The tariff classification of tote bags, a toiletry bag and a backpack from China and the United Kingdom.

NY F88958 July 5, 2000 CLA-2-42:RR:NC:341:F88958 CATEGORY: Classification TARIFF NO.: 4202.92.3031; 4202.92.3020 Joseph Hoffacker Barthco Trade Consultants, Inc. 7575 Holstein Avenue Philadelphia, PA 19153 RE: The tariff classification of tote bags, a toiletry bag and a backpack from China and the United Kingdom. Dear Mr. Hoffacker: In your letter dated June 23rd, 2000, on behalf of Checker Leather Ltd., you requested a classification ruling. The samples submitted with your request consist of tote bags, a toiletry bag, and a backpack. Item #71-3425, "Fold Away Backpack", is a tote bag permanently attached to a zippered case that enables the user to store the tote bag when not in use. The tote bag is manufactured of man-made textile material. The interior is unlined and consists of a single compartment with no additional features. A drawstring closure secures the top opening. The bag incorporates two shoulder straps that allow for use as a backpack. Item #71-3426, "Fold Away Shopper", is a tote bag permanently attached to a zippered case that enables the user to store the tote bag when not in use. The tote bag is manufactured of man-made textile material. The interior is unlined and consists of a single compartment with no additional features. The top opening of the bag is secured by means of a full-width zippered closure. A self-material zippered pouch is permanently attached to the bag by means of a sewn-in strip of textile material. Two shoulder straps are permanently attached to the bag. Item #04-3128, "Large Wet Pack", is a toiletry bag constructed of a sheeting of plastic with an exterior covering of 100% rayon flock. The flocked exterior is intended to simulate leather with hair on the skin. The interior of the bag is lined with embossed plastic sheeting and has two zippered back-wall pockets. A full-width zippered closure secures the top opening of the bag. Item #04-3071, "Weekend Bag" is a tote bag constructed of a sheeting of plastic with an exterior covering of 100% rayon flock. The flocked exterior is intended to simulate leather with hair on the skin. The interior of the bag is lined and consists of a single compartment with no additional features. A full-width zippered closure secures the top opening of the bag. Two carry handles are permanently attached to the bag. Items #04-3071 and 04-3128 are marked with a tag bearing descriptive literature, which would tend to give the impression the bags are of leather. The applicable subheading for #71-3425 will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of textile materials…backpacks. The duty rate will be 18.6% ad valorem. The applicable subheading for #71-3426, #04-3128 and #04-3071 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The duty rate will be 18.6% ad valorem. Items classifiable under HTS subheadings 4202.92.3020 and 4202.92.3031 fall 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment. While mindful that articles 04-3028 and 04-3071 examined by this office are samples, we note with respect to the tag that false descriptions of goods are forbidden by 15 U.S.C. 1125(a)(1)(B), which in pertinent part states: (a)(1) Any person who, on or in connection with any goods... uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any...false or misleading description of fact, or false or misleading representation of fact, which-- (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities... of his or her or another person’s goods... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. We also note that the United States Federal Trade Commission (FTC) has published “Guides for Select Leather and Imitation Leather Products,” 16 CFR Part 24, in the Federal Register, Volume 61, Number 193, dated October 3, 1996. The “Guides” are applicable to the manufacture, sale, distribution, marketing, or advertising of all kinds or types of leather or simulated-leather articles (including, but not limited to, wallets, billfolds, key cases, handbags, shoulder bags, purses, pocketbooks, etc.), and represent interpretations of laws administered by the FTC for the guidance of the public in conducting its affairs legally. Regarding deception as to an article’s composition, 16 CFR Part 24.2 states, in pertinent part: It is unfair or deceptive to misrepresent...the composition of any industry product or part thereof. It is unfair or deceptive to use the unqualified term “leather” or other unqualified terms suggestive of leather to describe industry products unless the industry product so described is composed in all substantial parts of leather.... (e) A misrepresentation should not be made...that an industry product is made wholly of a particular composition. A representation as to the composition of a particular part of a product should clearly indicate the part to which the representation applies.... In light of the above, we suggest that the subject articles be marked along the following lines: Handles and Trim of Leather. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Your samples are being returned as requested. 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 212-637-7091. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division