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NY 876667


August 4, 1992

CLA-2-42:S:N:N3H:341 876667

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 9605.00.0000

Ms. Mona Webster
Target Stores
33 South Sixth Street
P.O. Box 1392
Minneapolis, MN 55440-1392

RE: The tariff classification of shoe tote bags and a shoe shiner kit from China.

Dear Ms. Webster:

In your letter dated June 18, 1992, received in this office July 24, 1992, you requested a tariff classification ruling on shoe tote bags and a shoe shiner kit.

The sample submitted, style VBL 2538B, identified as a "Shoe Tote Bag Set", consists of two drawstring shoe tote bags and a shoe shiner kit consisting of a textile travel case containing a cleaner cloth and a shoe shiner. The tote bags are constructed of 100% cotton woven fabric. The shoe totes measures approximately 7" x 14", and the shoe shiner bag measures approximately 6 1/2" x 3 1/2". It is secured by means of a top textile zipper closure.

You have indicated that the shoe tote and shoe shiner kit will be packaged and sold at retail sale as a set. However, for classification purposes the tote bags will be classified separately from the shiner kit.

It is noted that the samples submitted as part of the binding ruling request are not marked to indicate the country of origin. Section 304 of the Tariff Act of 1930 as amended requires that these products be marked with the English name of the country of origin in a permanent, legible and conspicuous manner when imported.

The applicable subheading for style VBL 2538B, the tote bags of 100% cotton woven fabric, will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style VBL 2538B, the shiner kit, will be 9605.00.0000, HTS, which provides for Travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure and pedicure sets of heading 8214). The duty rate will be 8.1 percent ad valorem.

Items classifiable under 4202.92.1500 fall within textile category designation 369. 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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