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NY 895290




March 17, 1994

CLA-2-42:S:N:N6:341 895290

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.2000; 9404.90.2000; 6214.30.0000; 5807.10.1020

Mr. Eric Jones
Eric Jones Customs Brokerage
5777 West Century Blvd. - Suite 380
Los Angeles, CA 90045

RE: The tariff classification of a duffel bag, a combination stadium seat cushion/utility pack, a scarf and labels from China.

Dear Mr. Jones:

In your letter dated March 1, 1994, on behalf of Peiyork International Co., you requested a tariff classification ruling for a duffel bag, a combination stadium seat cushion/utility pack, a scarf and labels.

You have submitted four samples with your request, identified as style numbers 5605, 5626, 01001 and 01002. They are as follows:

Item 5605 is a duffel bag said to be composed of an exterior surface of 55% linen/45% polyester woven fabric. The item is designed to contain personal effects while traveling. The interior bottom has a 100% polyester removable beverage holder which is attached by means of a hook and loop fastener. You have indicated that the duffel bag and beverage holder is packaged and sold at retail sale as an entirety. The bag measures approximately 32" (L) x 9 1/2" (H) x 7 1/2" (W). The item is carried by means of double adjustable textile carrying handles which allows the item to be carried by hand as well as on the shoulder. It is secured by means of a top heavy duty zippered closure. For classification purposes the duffel bag with the removable beverage holder will be classified as a set. The duffel bag will impart the essential character.

Item 5626 is a combination stadium seat cushion and utility pack which you state to be composed of 55% linen/45% polyester. It is comprised of two separate pieces which are held together by two plastic fasteners. This item folds in the middle and possesses a handle for carrying purposes. One side features four pockets of various dimensions. Of the four pockets one has a zipper closure and two others a "Velcro" like closure. The other side is comprised of a foam pad inserted into a cover through a zippered opening. The back portion of the cushion portion has a strap with a plastic fastener used to secure it to a seat. When folded this item measures approximately 12 1/2 inches by 15 inches.

Item 01001 is a hemmed scarf measuring approximately 24" (L) x 9 1/2" (W). The item is made of 100 percent polyester woven fabric.

Item 01002 is jacquard woven polyester labels. One label depicts the words "Next Menswear" and the other depicts the words "Classic Auckland" and designs. The labels are rectangular in shape with two sides of each label folded over and heat set.

Your samples are being returned as you requested.

The applicable subheading for Item 5605, the duffel bag of 55% linen/45% polyester woven fabric with beverage holder as a set, will be 4202.92.2000, 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, other. The duty rate will be 6.5 percent ad valorem.

Items classifiable under 4202.92.2000 fall within textile category designation 870. Based upon international textile trade agreements, products of China are subject to visa requirements.

The applicable for Item 5620, the combination stadium seat and utility pack of 55% linen/45% polyester, will be 9404.90.2000, HTS, which provides for Mattress support; article of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, Other: Pillows cushions and similar furnishings: Other. The duty rate will be 6 percent ad valorem.
The applicable subheading for Item 01001, the hemmed scarf of 100% polyester woven fabric, will be 6214.30.0000, HTS, which provides for shawls, scarves, mufflers, mantillas, veils and the like: Of synthetic fibers. The duty rate will be 10.6 percent ad valorem.

Items classifiable under 6214.30.0000 fall within textile category designation 659. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.
The applicable subheading for Item 01002, the labels of polyester woven fabric, will be 5807.10.1020, HTS, which provides for labels, badges and similar articles of textile materials, in the piece, in strips or cut to shape or size, not embroidered: Woven: Labels, of man-made fibers. The duty rate will be 9 percent ad valorem.

Items classifiable under 5807.10.1020 fall within textile category designation 669. 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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