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NY 859318

January 29, 1991

CLA-2-42:S:N:N3G:341 859318

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Mr. L. Ho
Universal Metal Plastic Manufactory
57, Sha Tsui Road
Superluck Industrial Centre
(Phase 2) Block C & D, 4/F
Tsuen Wan, N.T. Hong Kong

RE: The tariff classification of a drawstring pouch constructed of 100% rayon textile materials.

Dear Mr. Ho:

In your letter dated December 28, 1990, you requested a tariff classification ruling.

The submitted sample is a drawstring pouch constructed of a 100% rayon flocked textile exterior. The interior is lined with textile man-made fibers and the pouch measures approximately 2 3/4" x 3". The item is of the type normally carried in the pocket or handbag and is suitable for long term use.

The applicable subheading for the drawstring pouch of 100% rayon flocked textile materials will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, of man- made fibers. The duty rate will be 20 percent ad valorem.

You have indicated the country of origin to be China. Your inquiry does not provide enough information to determine the country of origin. Custom Regulations CFR 12.130 states a textile or textile product, subject to section 204, Agricultural Act of 1956 as amended, which consists of materials produced or derived from, or processed in, more than one foreign territory or country, shall be a product of that foreign territory where it last underwent a substantial transformation. The product will be considered to have undergone a substantial transformation if it has been transformed by means of substantial manufacturing or processing operation into a new and different article of commerce. We recommend that you submit a separate request supplying additional country of origin information such as manufacturing declaration, processing etc., and forward it to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Ave, N.W., Washington, D.C. 20229.

You have also requested information regarding invoice description and Customs invoice description. Customs Regulations CFR 141.86(3) requires a detailed description of the merchandise, including the name by which each item is known, the grade or quality, and marks, numbers, and symbols under which sold by the seller or manufacturer to the trade in the country of exportation, together with the marks and numbers of the packages in which the merchandise is packed.

Item 4202.32.9550 falls within textile category designation 670. Based upon international textile trade agreements, products of China 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, 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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