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NY A80186




March 11, 1996

CLA-2-63:RR:NC:TP:349 A80186

CATEGORY: CLASSIFICATION

TARIFF NO.: 6301.40.0020; 4202.92.3030

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, NY 10167-0002

RE: The tariff classification of a blanket and nylon bag from Taiwan.

Dear Mr. Evan:

In your letter dated February 7, 1996 on behalf of Tommy Hilfiger you requested a classification ruling.

The submitted sample, a travel blanket style no. 1300302, is constructed of 100 percent polyester knit fabric. As indicated in your letter the blanket measures approximately 53 x 62 inches and is it constructed of four multi-colored panels stitched together to form the Tommy Hilfiger flag logo. All the edges are finished with a black colored overcast stitch. The nylon bag is made of 100 percent nylon woven fabric and measures approximately 7-1/2 in width by 17 inches in length. It is navy blue in color and features a drawstring closure, plastic hardware, a nylon handle at the bottom and a "Tommy Hilfiger Outdoors" patch. The blanket folds up and fits into the bag. The samples will be returned as requested.

In your letter you state you believe the blanket and carrying bag are classified together based on GRI 5(a). Please note Headquarters Ruling Letter (HRL) 957116 dated February 23, 1995 addressed the issue of a nylon bag and beach blanket. HRL 957116 stated in part..."The bag does not possess internal fittings, nor is it shaped to the form of its contents. Consequently, it is susceptible to uses other than to hold the beach blanket. In this regard, we note that the bag resembles a duffle bag and is marketed for use as a back pack, fanny pack or shoulder bag. Similar bags are the subject of trade in the United States when sold separately and are marketed as a general purpose carrying bags. Thus, the bag is desirable in and of itself and may be used without the blanket."

The instant nylon bag is a "stuff bag" or "stuff sack". It is of a kind normally sold at retail on its own. It is also not of a kind similar to the examples of GRI 5(a) which are container cases not bags. The instant nylon bag is of a kind similar to the travel sports bags of heading 4202. The applicable subheading for the blanket will be 6301.40.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers... other. The duty rate will be 12.1 percent ad valorem.

The applicable subheading for the nylon bag will be 4202.92.3030, HTS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastic or of textile materials, other, of man-made fibers. The rate of duty is 19.5 percent ad valorem.

The blanket falls within textile category designation 666 and the nylon bag falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan 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 Part 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 John Hansen at 212-466-5854.

Sincerely,

Roger J. Silvestri
Director

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