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NY 856715


October 18, 1990

CLA-2-90:S:N:N1:114 856715

CATEGORY: CLASSIFICATION

TARIFF NO.: 9004.10.0000; 4202.32.9550; 6307.90.5020; 7117.90.5000

Mr. James F. Carroll, Import Manager
J. M. Rodgers Company, Inc.
90 West Street, Room 1510
New York, New York 10006-1039

RE: The tariff classification of sunglasses and wrist pouch; sunglasses and shoelaces; sunglasses and whistle necklace; and sunglasses and eyeglass cord from China and Taiwan.

Dear Mr. Carroll:

In your letter dated September 27, 1990, you requested a tariff classification ruling.

You have submitted samples of Styles #66355, #66203SG, #66209, and #66207SG, with your request. These four samples are packaged on a cardboard header with bubble top.

Style #66355 (product line: "The Surf Club") consists of one pair of children's sunglasses and a wrist pouch. The children's sunglasses are made of polystyrene plastic. The wrist pouch is made of nylon and has a side zipper and wrist band. The sunglasses are made in China. The wrist pouch is made in Taiwan.

The applicable subheading for the sunglasses will be 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for sunglasses. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the wrist pouch will be 4202.32.9550, HTS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile, other, of man-made fibers. The rate of duty will be 20 percent ad valorem.

Item number 4202.32.9550, HTS, falls within textile category designation 670. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

Style #66203SG (product line: "The Surf Club") consists of one pair of children's sunglasses and two pairs of shoelaces. The sunglasses are made of polystyrene plastic. The shoelaces are made of polyester. The sunglasses are made in China. The shoelaces are made in Taiwan.

The applicable subheading for the sunglasses will be 9004.10.0000, HTS, which provides for sunglasses. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the shoelaces will be 6307.90.5020, HTS, which provides for other made up articles, other, footwear lacings, other. The rate of duty will be 7.9 percent ad valorem.

Item number 6307.90.5020, HTS, falls within textile category designation 669. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

Style #66209 (product line: "Color Mates") consists of one pair of children's sunglasses, and a necklace consisting of a cord with miniature whistles. The sunglasses are made of polystyrene plastic. The whistle necklace consists of five (5) miniature plastic whistles attached to a textile neck cord. Each whistle is a pendant on the neck cord, attached by means of a metal jump ring. The sunglasses are made in China. The whistle necklace is also made in China.

The applicable subheading for the sunglasses will be 9004.10.0000, HTS, which provides for sunglasses. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the whistle necklace will be 7117.90.5000, HTS, which provides for imitation jewelry: other: other: valued over 20 cents per dozen pieces or parts. The rate of duty will be 11 percent ad valorem.

Style #66207SG (product line: "See-Saw Kids") consists of one pair of children's sunglasses and an eyeglass cord. The sunglasses are made of polystyrene plastic. The cord is made of polyester. The sunglasses are made in China. The cord is made in Taiwan.

The applicable subheading for the sunglasses and eyeglass cord will be 9004.10.0000, HTS, which provides for sunglasses. The rate of duty will be 7.2 percent ad valorem.

Please note that certain textile category designations have been given for two of the item numbers (subheadings 4202.32.9550, HTS, and 6307.90.5020, HTS). 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.

With regard to the marking of the articles, the samples submitted show markings of only one country of origin on the header card. In Style #66209, this is correct, since both the sunglasses and the whistle necklace are made in China. However, for the other three style numbers, the header card should show the countries of origin for both items. For example, Style #66203SG should reflect the fact that the sunglasses are made in China and the shoelaces are made in Taiwan. Also, please note that on Styles #66355, #66203SG, and #66207SG, the back of the header card shows a United States company name and address. Wherever a United States address appears, the country or countries of origin must be shown in close proximity to that address.

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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