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NY A80736




April 9, 1996

CLA-2-42:RR:NC:WA:341 A80736

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.4000, 4202.92.1500, 4202.92.4500, 7009.92.1000, 9603.30.6000, 9616.20.0000
9615.11.3000

Ms. Sandy M. Rickert
E. Besler & Co.
115 Martin La.
Elk Grove Village, Il. 60007-1309

RE: The tariff classification of cosmetic and toiletry pouches, lipstick case, coin purse, cosmetic brushes, sponge applicator, combination comb/brush and a mirror from China.

Dear Ms. Rickert:

In your letter dated January 17, 1996 you requested a classification ruling. Your request is on behalf of LTD Commodities Inc.

The sample submitted is identified as " CAY 10 pc Cosmetic Bag ". It consists of a clear Polyvinyl Chloride (PVC) zippered toiletries pouch which has a top carry handle and printed fabric piping, a zippered cosmetic pouch with vinyl lining, coin purse with split ring affixed, lipstick case, pocket mirror, three bristle cosmetic brushes, one sponge applicator, and one combination comb/brush. The zippered cosmetic pouch, coin purse, lipstick case and pocket mirror are covered with a printed floral fabric which is said to be of 100 percent cotton fibers. The bristle brushes are said to be valued at $0.125 each and the combination comb/brush is said tobe valued at $0.15 each.

You have indicated that each item will be imported in individual poly bags and after importation the items will be packed in a box for retail sale. Each item will be separately classified upon entry.

The applicable subheading for the cotton cosmetic bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7 percent ad valorem.

The applicable subheading for the PVC toiletry bag will be 4202.92.4500, HTS, which provides for travel, sport and similar bags, with outer surface of textile materials or of sheeting of plastic, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for the cotton lipstick case and coin purse will be 4202.32.4000, HTS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, of vegetable fibers not of pile or tufted construction, of cotton. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the fabric covered pocket mirror will be 7009.92.1000, HTS, which provides, in part, for glass mirrors, other, framed and not over 929 square centimeters in reflecting area. the duty rate will be 7.8 percent ad valorem.

The applicable subheading for the three bristle brushes will be 9603.30.6000, HTS, which provides for artist's brushes, writing brushes and similar brushes for the application of cosmetics, valued over ten ($0.10) cents each. The duty rate ia 1.9 percent ad valorem.

The applicable subheading for the sponge applicator will be 9616.20.0000, HTS, which provides for powder puffs and pads for the application of cosmetics or toilet preparations. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for the combination comb/brush will be 9615.11.3000, HTS, which provides for "combs, hair-slides and the like; other than those of Heading 8516 and parts thereof; ... valued over $4.50 per gross: other. The duty rate is $0.288 per gross plus 4.6 percent ad valorem.

Tariff item numbers 4202.32.4000 and 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements products of China 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 Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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