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NY 808679




April 28, 1995

CLA-2-42:S:N:N6:341 808679

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025; 4202.92.6000; 9609.10.0000; 9609.90.8000; 4820.10.2020; 9503.60.2000

Ms. Wendy Pelletier
Kid In A Box
Box 1185, Station A
Prince George BC V2L 4V2

RE: The tariff classification of a carrying case with accessories from China and/or Hong Kong.

Dear Ms Pelletier:

In your letter dated March 15, 1995, you requested a classification ruling for a carrying case with accessories.

The sample submitted, identified as a "Lap Top Desk", is a nylon carrying case for a lap top desk where kids can color, draw, write, etc.. Included in the case is a lead pencil, crayons, a memo pad and a toy puzzle pad. The case measures approximately 13" x 11" with 3" gussets, and feature pouches on either side providing for storage of materials and/or accessories. The item is secured by means of double textile zippered closures. You have indicated that the carrying case with accessories will be imported together as a unit. However, for classification purposes each item will stand on its own merits.

You have also requested a classification ruling for the carrying case if composed of cotton canvas fabric.

The applicable subheading for the carrying case of nylon woven fabric will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases...; traveling bags... and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19.8 percent ad valorem.

Items classifiable under 4202.92.9025 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Products of Hong Kong are subject to the requirements of a visa.

The applicable subheading for the carrying case if composed of cotton canvas fabric will be 4202.92.6000, HTS, which provides for trunks, suitcases...; traveling bags... and similar containers, with outer surface of textile materials, other, of cotton. The duty rate will be 7.1 percent ad valorem.

Items classifiable under 4202.92.6000 fall within textile category 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Products of Hong Kong are subject to the requirements of a visa.

The applicable subheading for the pencil of lead will be 9609.10.0000, HTS, which provides for pencils and crayons, with leads encased in a rigid sheath. The duty rate will be 14 cents per gross plus 4.3 percent ad valorem.

Pencils from China may be subject to dumping. We suggest you write to the following address for information concerning this issue:
Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Ave, N.W.
Washington, DC 20230

The applicable subheading for the crayons will be 9609.90.8000, HTS, which provides for pencils..., crayons, pencil leads, pastels, drawing charcoals, writing and drawing chalks and tailors' chalk, other. The duty rate will be 4.4 cents per gross plus 2.7 percent ad valorem.

The applicable subheading for the memo pad will be 4820.10.2020, HTS, which provides for memorandum pads, letter pads and similar articles, of paper or paperboard. The duty rate will be 3.6 percent ad valorem.

The applicable subheading for the toy puzzle pad will be 9503.60.2000, HTS, which provides for puzzles and parts and accessories thereof: other. The duty rate will be Free.

The designated textile and apparel categories 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
New York Seaport

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