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NY 804688




December 6, 1994

CLA-2-42:S:N:N6:341 804688

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025
Ms. Lydia Cheng
Intermark Enterprises
75-1 , Sung Chang Rd. 9th Fl.
Taipei, Taiwan, R.O.C.

RE: The tariff classification of carrying cases from Taiwan and China

Dear Ms. Cheng:

In your letter dated November 28, 1994, you requested a tariff classification ruling. You have submitted two samples which are not identified by style number. The samples have been submitted by the firm Starite Industries, Inc. of your same address. Each item is said to be manufactured of an outer surface fabric which is a blend of 55 % ramie and 45 % polyester fibers by weight.

The sample designated in paragraph "A" of your letter appears to be an unfinished carrying case for cassettes or compact discs. It measures 10.5 inches x 9 inches x 5 inches deep. The case has a tricot fabric lining and a foam inner lining. The interior is unfinished in that a plastic tray for the cassettes will be inserted. The top has a zipper closure around three sides of the 10.5 x 9 inch panel and the case has an adjustable carrying strap of woven textile materials. Although you have designated paragraph "A" as a "Picnic Bag", the sample received is not similar to a picnic bag. A sewn in fabric label designates the article as a product of Taiwan.

The sample designated in paragraph "B" of your letter is designated as being a " Book holder ( Briefcase)". The sample received is a carrying case for a lap top or note book type of personal computer. The item measures approximately 12. 5 inches x 11 inches x 2 inches when closed. It is closed by means of a zipper closure around three sides. The interior is fitted with a place for the computer and two pouches for the discs and accessories. The item is carried by means of an adjustable textile shoulder strap. A sewn in fabric label designates the article as a product of China.

A complete description of each item, with a correct designation of the style number and type of carrying case should be presented with any future Customs transaction. The description must indicate the fiber content of the exterior fabric by weight.

The applicable subheading for the unfinished cassette/disc carrying case and personal computer case will be tariff number 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for " trunks, suitcases ... binocular cases, camera cases, musical instrument cases, gun cases, ... and similar cases... with outer surface of textile materials, other, other, other, of man-made fibers". The duty rate will be 20 percent ad valorem.

Tariff number 4202.92.9025 falls within textile category designation 670. Based upon international textile trade agreements, products of Taiwan and China are subject to quota and visa requirements.

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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