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NY 818851




February 29, 1996

CA-2-62:RR:NC:5:353 818851

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040, 4202.92.3030

Ms. Kim Walton
Kahn & Nagel, Inc.
Dallas Banch
1104 E. Dallas Road, Suite 100
Grapevine, TX 76051

RE: The tariff classification of a "Tyvek" jacket and tote bag from China.

Dear Ms. Walton:

In your letter dated February 2, 1996 on behalf of Mary Kay Cosmetics Inc., you requested a tariff classification ruling.

The submitted samples are a jacket and tote bag consisting of "Tyvek" material which is a nonwoven olefin fabric. The jacket is a baseball style jacket with a full front zipper closure and a knit band on the bottom, neck and wrists. The tote bag measures approximately 16" by 12" and has two textile handles.

The applicable subheading for the jacket will be will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other: Other, other. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for the tote bag will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, attache cases,...of textiles materials, of vulcanized rubber or paperboard, or wholly or mainly covered with such materials or with paper: Other, with outer surface of sheeting of plastic or of textile materials: Travel, sports and similar bags: With surface of textile materials: Of vegetable fibers and not of pile of tufted construction: Other, Other: Of man-made fibers: Other. The duty rate will be 19.5 percent ad valorem.

The jacket falls within textile category designation 659 and the tote bag falls within the 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 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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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