The tariff classification of toiletry bags from France

N018012 October 12, 2007 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.4500 Anne Amice 10449 Whitebridge Lane St. Louis, MO 63141 RE: The tariff classification of toiletry bags from France Dear Ms. Amice: In your letter dated October 3, 2007, you requested a tariff classification ruling. The sample which you submitted is being retained by this office. A style number was not provided for the samples submitted. The items are two toiletry bags constructed with an outer surface of polyvinyl chloride (PVC) plastic sheeting material. The bags are designed to provide storage, protection, organization and portability to personal effects. The interior of both bags are lined with a textile material and have no additional features. The top of each bag has a zipper closure. The larger toiletry bag measures approximately 8.75” (W) x 6.5” (H), and the smaller, measures approximately 7” (W) x 5.75” (H). In your letter you mention that a removable sticker with the country of origin will be applied once the shipment arrives in the United States. This is not acceptable. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article prior to its importation. Because there are a variety of acceptable methods of marking, including hang-tags, labels, etc., we suggest you contact your local Customs port for advice on the method that will least detract from the design. The applicable subheading for both toiletry bags will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags…other. The duty rate will be 20% 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/. 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, National Commodity Specialist Division