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NY 815166




October 13, 1995

CLA-2-42:R:N5:341 815166

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025

Mr. William C. Neal
The Little Tikes Company
2180 Barlow Road
P.O. Box 2277
Hudson, OH 44236-0877

RE: The tariff classification of a utility pouch from China.

Dear Mr. Neal:

In your letter dated September 25, 1995, you requested a classification ruling for a utility pouch.

You have submitted a sample and literature of an item you described as a "Childs Play Tool Pouch", which is a utility pouch of a kind similar to the pouches and holsters of Heading 4202. The pouch is composed of 60 percent polyester and 40 percent cotton woven fabric designed to be worn on the belt. It measures approximately 8 1/2 inches by 8 inches, featuring three divided compartments and three exterior loops designed for a flashlight, hammer, etc. You have indicated that upon importation, a U.S. made belt assembly and tools will be added and packaged out for retail sale. However, in the condition as imported the pouch is not considered to be a toy or a toy accessory and will be classified accordingly.

The applicable subheading for the utility pouch of 60 percent polyester and 40 percent cotton woven fabric will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, holsters 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.

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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