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NY 851889

May 15, 1990

CLA-2-42:S:N:N3G:341 851889

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9020; 8518.30.2000

Ms. Marie Mulieri
Gemm Customs Brokers
175-01 Rockaway Blvd.
Suite 208
Jamaica, N.Y. 11434

RE: The tariff classification of nylon carry cases for audio cassettes and a stereo headphone from Taiwan.

Dear Ms. Mulieri:

In your letter dated April 23, 1990, on behalf of Daal International, Ltd., Rosedale, N.Y., you requested a tariff classification ruling.

You have submitted two samples with your request.

Style # DCA-30HP is a carry case for audio cassettes which is constructed of nylon textile, with a zippered closure and double handles. A plastic tray with six compartments and a stereo headphone will be imported inside the bag. Printed cardboard sleeves, cardboard supports and vinyl shrink wrap will be packaged with the carry case.

Style # DCA-60 is a carry case for audio cassettes which is constructed of nylon textile, with a zippered closure and a single handle. Two plastic trays will be imported inside the bag. Printed cardboard sleeves, cardboard supports and vinyl shrink wrap will be packaged with the carry case.

Your samples are being returned per your request.

It is noted that the carry bags and the package are not legally marked in accordance with Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), which states ..."all articles of foreign origin imported into the United States must be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. Section 134.46, Customs Regulations, specifies that when a United States designation appears on an imported article, there shall appear, legibly and permanently, in close proximity to such word and in at least a comparable size, the name of the country of origin preceded by "Made in" or other words of similar meaning."

The applicable subheading for style #s DCA-30HP and DCA-60, the plastic trays, the cardboard sleeves, cardboard supports and vinyl shrink wrap will be 4202.92.9020, 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 rate of duty will be 20 percent ad valorem.

The applicable subheading for the stereo headphones will be 8518.30.2000, HTS, which provides for headphones, earphones and combined microphone/speaker sets, other. The rate of duty will be 4.9 percent ad valorem.

Item number 4202.92.9020 falls within textile category designation 670. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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