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NY 863968


July 1, 1991

CLA-2-42:S:N:N3G:341 863968

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030; 6404.19.15

Mr. Marty Langtry
Castelazo & Associates
5420 West 104th Street
Los Angeles, CA 90045

RE: The tariff classification of a beach tote with thongs from Hong Kong.

Dear Mr. Langtry:

In your letter dated May 30, 1991, on behalf of Sirco International Corp., you requested a tariff classification ruling.

The submitted sample, item #KN 1588, is a beach tote with thongs constructed of a combination of nylon woven and mesh fabrics. It is unlined and measures approximately 13" x 12 1/2". The bottom is rounded with an approximate diameter of 8 1/2". The item features an adjustable textile carrying strap designed to be worn around the shoulder. It closes by means of a textile drawstring closure. The bag is similar to a rucksack in design.

The submitted footwear, also style #KN 1588, is a pair of beachcomber type sandals. The textile upper of both sandals is of a Y configuration with stitched-on suede leather overlays (which you have stated cover over 50% of the textile upper), and multi-colored, multi-layered EVA bottoms.

You have indicated that the thongs and/or sandals are sold at retail sale attached to the bag by means of a textile string. However, for classification purposes each item will be classified separately.

The applicable subheading for Item #KN 1588, the beach tote of nylon textile materials, will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for Item #KN 1588, the sandals, will be 6404.19.15, HTS, which provides for footwear, in which the upper's external surface is predominately of textile materials (Note that an accessory or reinforcement stitched on top of another material is not part of the upper's external surface but the material hidden underneath is); in which the outer sole's external surface is predominately rubber, and/or plastics; which is other than athletic footwear; and in which the upper's external surface is over 50% leather after every leather accessory and reinforcement present is included as part of the upper's external surface. The duty rate will be 10.5 percent ad valorem.

Items classifiable under 4202.92.3030 fall within textile category designation 670. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

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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