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HQ 084968


October 12, 1989

CLA-2 CO:R:C:G 084968 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Mr. Ned H. Marshak
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-Seven Broad Street
New York, N.Y. 10004

RE: Classification of a pencil pouch

Dear Mr. Marshak:

This letter is in response to your inquiry of June 14, 1989, in behalf of K mart Corporation, requesting tariff classification of a pencil pouch under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted for examination.

FACTS:

The merchandise at issue, K mart code number 25-36-57, is a zippered pencil pouch made in China. It measures approximately 9 by 5 inches and is constructed of man-made fibers. The pouch has a full length zipper across the top and a full length open pocket on the side, with one snap button in the middle.

ISSUE:

Whether the pencil pouch is an article of a kind normally carried in the pocket or handbag, classifiable under subheading 4202.32, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 4202, HTSUSA, provides for pouches and similar containers. Subheading 4202.32, HTSUSA, provides for articles of a kind normally carried in the pocket or in the handbag with outer surface of plastic sheeting or of textile materials. Because the pouch is of a size and type which would be carried in a handbag, we find that it is classifiable as an article of a kind normally carried in the pocket or in the handbag.

HOLDING:

The merchandise at issue is classified under subheading 4202.32.9550, HTSUSA, as a pouch or similar container, an article of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, other, of man-made fibers, textile category 670, and dutiable at a rate of 20 percent ad valorem.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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