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NY 870049



January 25, 1992
01/25/92

CLA-2-61:S:N:N3I: 359P 870049

CATEGORY: CLASSIFICATION

TARIFF NO.: 9801.00.1099; 6110.20.2075; 4202.92.4500

Mrs. Jacqueline Clark
Northern Trading Company, Inc.
P.O. Box 250
190-202 East Main Street
Madawaska, Maine 04756

RE: The tariff classification of a gift package consisting of toilette water from the U.S., a pullover from the Dominican Republic, and a travel bag from China.

Dear Mrs. Clark:

In your letter dated December 18, 1991, you requested a tariff classification ruling.

The submitted package of articles is not a set according to the Explanatory Notes for the General Rules of Interpretation (GRI) to the Harmonized Tariff Schedule of the United States (HTS). Products must be put up together to meet a particular need or carry out a specific activity in order to be a set for tariff purposes.

You have submitted a gift package consisting of the following:
a) a 2 oz. bottle of Liz Claiborne, Eau de Toilette.
b) a pullover constructed from a 100% cotton, finely knit fabric that measures more than 9 stitches per 2 centimeters in the horizontal direction; the pullover features a crew neck, short hemmed sleeves, a left chest pocket with embroidery and a hemmed bottom.
c) a) and b) are packaged in a Foreign Trade Zone into a travel bag constructed from clear PVC material. It is unlined and measures approximately 12"x8"x2 1/2" and secured by means of a top textile, teflon zipper closure.

The pullover, upon importation, must have a fabric label permanently sewn in the nape of the neck. The information on this label must be conspicuous. It must consist of the following: the country of origin, the fiber content and the registered number or importer identification.

The applicable subheading for the Eau de Toilette will be 9801.00.1099, Harmonized Tariff Schedule of the United States (HTS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or means while abroad: other. Products in subheading 9801.00.1099 are free of duty.

The applicable HTS subheading for the pullover will be 6110.20.2075, which provides for women's sweaters, pullovers and similar articles, knitted: of cotton: other. The rate of duty will be 20.7% ad valorem.

The applicable HTS subheading for the travel bag will 4202.92.4500, which provides for travel, sports and similar bags, without a surface of plastic sheeting: other. The rate of duty will be 20% ad valorem.

The pullover falls within textile category designation 339. Based upon international textile trade agreements, products of the Dominican Republic 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, 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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