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NY 863439


May 28, 1991

CLA-2-39:S:N:N3G:221 863439

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.30.0090; 4202.92.3030

Mr. Steven M. Kott
Kmart Fashions
7373 West Side Avenue
North Bergen, NJ 07047

RE: The tariff classification of belt bags with plastic bottles from China.

Dear Mr. Kott:

In your letter dated May 13, 1991, you requested a tariff classification ruling.

Two samples were submitted. Style no. 1007A is a nylon belt bag fitted with a plastic bottle. The belt bag is specially sized and shaped to fit the bottle, and has a hole in the front through which the spout of the bottle protrudes. There are two small zippered pockets, one on the front panel and one on the back panel, in which change and other small items can be kept. There is no room in the main body of the bag to fit anything other than the bottle. The bag cannot be used without the bottle, since the hole for the spout would then render the bag defective.

Style no. 1007B is a nylon belt bag that contains a plastic bottle. The bottle is not fitted. The main body of the bag is divided into two compartments. The bottle fits into the smaller compartment. The second compartment can hold a significant number of other items. The front panel of the bag has one zippered pocket and one open pocket. The belt bag can also be used without the bottle. As you requested, your samples are being returned.

The applicable subheading for the belt bag and bottle, style no. 1007A, will be 3923.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics; carboys, bottles, flasks, and similar articles, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the belt bag and bottle, style no. 1007B, will be 4202.92.3030, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other. The rate of duty will be 20 percent ad valorem.

Style no. 1007B falls within textile category designation 670. Based upon international trade agreements, products of China are subject to quota and visa agreements.

The designated textile 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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