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NY 818676




February 7, 1996

CLA-2-42:RR:NC:WA:341 818676

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Ms. Nancy Raetz
Radix Group Int'l, Inc.
301 E. Grand Avenue
South San Francisco, CA 94080-6211

RE: The tariff classification of novelty spectacle cases from Hong Kong.

Dear Ms. Raetz:

In your letter dated January 12, 1996, on behalf of California Optical Leather, you requested a classification ruling for novelty spectacle cases.

You have submitted two samples of novelty spectacle cases composed of plush man-made textile material. They measure approximately 6"(H) x 3 1/4"(W). The items are designed with rear textile loops so that they may be affixed to a person's belt loop as well as being placed within a bag. The front exteriors depict caricatures consisting of heads, arms and feet. The items are secured by means of hook and loop fasteners.

You have indicated that the items are toys and should be classified accordingly. However, for classification purposes the spectacle cases are totally functional and are not considered to be toys.

The applicable subheading for the novelty spectacle cases of plush man-made textile material will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 19.5 percent ad valorem.

Items classifiable under 4202.32.9550 fall within textile category designation 670. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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