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NY B85855



June 13, 1997

CLA-2-42 SE:C:D G02 B85855

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550, 4202.92.3020, 4202.92.3030, 4202.92.9025

Teresa Wolven
Expeditors International of Washington, Inc. 601 N. Nash Street
El Segundo, California 90245

RE: The tariff classification of an eyeglass case, a backpack, two travel bags, and a cellular telephone case of neoprene laminated nylon fabric from China, Korea, or Taiwan

Dear Ms. Wolven:

In your letter dated May 19, 1997 you requested a tariff classification ruling on behalf of your client, GoNeo, LLC. of Santa Monica, California.

The items which GoNeo intends to import are an eyeglass case (style EX007 "H2O Extreme Sunglasses Case"), a small backpack (style EX001 "H2O Extreme Backpack"), two small travel bags (style EX004 "H2O Extreme Beach Bag" and style EX005 "H2O Extreme Clip-on Gizmo Bag"), and a cellular telephone case ("H2O Extreme Phone Case"). All are made from neoprene rubber laminated nylon knit fabric and have a man-made fiber outer surface. The eyeglass case (style EX007) measures approximately 3 x 1/2 x 6 inches and has a top flap closure secured by a hook and loop fastener. The case also has a textile webbing belt loop which is stitched at one end to the case and which can be secured at its other end to the case by means of a hook and loop fastener. The backpack (style EX001) has a braided draw cord closure in addition to a top flap secured by a metal twist clasp, an exterior pocket covered by a flap secured by a hook and loop fastener, adjustable textile webbing backpack straps, and a textile webbing hanging loop. Travel bag style EX004 measuring approximately 8 1/2 x 4 x 6 inches has a zippered top closure and two textile webbing carry handles. Travel bag style EX005 is circular, measures approximately 6 inches in diameter, has a zippered closure around a portion of its edge, and has an attached plastic clip with which the bag can be attached to a belt. The cellular telephone case has a fitted cover which stretches over the the phone and can be flipped off as necessary, a textile webbing belt loop sewn to the case at one end which can be attached to the case at the other end by a hook and loop fastener, and an adjustable textile safety strap which is attached to the case by a plastic clip.

The applicable subheading for the eyeglass case 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, other, of man-made fibers. The rate of duty will be 19.3 percent ad valorem. The applicable subheading for the backpack will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of man-made fibers, backpacks. The rate of duty for this item will also be 19.3 percent ad valorem. The applicable subheading for the two travel bags will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The rate of duty will again be 19.3 percent ad valorem for these items. The applicable subheading for the cellular telephone case will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other bags and containers, with outer surface of textile materials, other, other, other, of man-made fibers. As with the other items, the rate of duty for this item will also be 19.3 percent ad valorem.

Items 4202.32.9550, 4202.92.3020, 4202.92.3030, and 4202.92.9025 fall within textile category designation 670. Based upon international textile trade agreements, products of China, Korea, and 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). The samples are being returned herewith in accordance with your request.

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.

Sincerely,

Artis M. Morgan, Jr.
Port Director
Seattle


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