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NY B84665




May 21, 1997

CLA-2-42:RR:NC:TA:341 B84665

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025; 4202.92.3030; 9609.10.0000

Ms. Ludene Murphree
Gap, Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of an insulated lunch bag and travel pouch from China and/or Korea and pencils from Thailand.

Dear Ms. Murphree:

In your letter dated April 25, 1997, you requested a classification ruling for an insulated lunch bag, a travel pouch and pencils.

You have submitted samples of styles 242283 and 242286, and swatches of styles 242636, 242731 and 242637 with your request. They are as follows:
Style 242283 is an insulated lunch bag composed of 100 percent nylon with PVC lining with a foam backing designed to contain personal property such as food, beverage and other related items while traveling. Inside the zippered top is a mesh pocket which is secured by means of a hook and loop fastener. There is an elastic holder permanently affixed to the bottom surface designed to hold a beverage container in place. The Bag measures approximately 10" x 8" x 4". The item has a textile carrying handle and a 2-way zipper closure.

You have also requested the proper classification for the same lunch bag identified as styles 242636 and 242731 if composed of 100 percent polyester "dog" print or "argyle" print.

Style 2422286, identified as a "pencil case", is a travel pouch composed of 100 percent nylon woven fabric designed to contain small personal effects as well as pencils. There is an elastic loop on one interior wall which contain wood-cased pencils with leads of varying color. The pouch measures approximately 8" x 3 1/4" x 2 1/2". It is secured by means of a textile zipper closure across the middle top length of the pouch.

You have also requested the proper classification for the same travel pouch identified a style 242637 if composed of polyester "argyle" print.

Your samples are being returned as you requested.

The applicable subheading for Styles 242283, 242636 and 242731, the lunch bag of 100 percent nylon and/or polyester, will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19.3 percent ad valorem.

The applicable subheading for Styles 242286 and 242637, the travel pouch of 100 percent nylon and/or polyester will be 4202.92.3030, HTS, which provides for travel sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 19.3 percent ad valorem.

Items classifiable under 4202.92.9025 and 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements products of China and Korea are subject to quota and the requirement of a visa.

The applicable subheading for the pencils will be 9609.10.0000, HTS, which provides for pencils and crayons with leads encased in a rigid sheath. The rate of duty will be 14 cents per gross plus 4.3 percent ad valorem.

Articles classifiable under subheading 9609.10.0000, HTS. which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Pencils with leads encased in a rigid sheath, from Thailand, may be subject to anti-dumping duties. We advise that you contact the address below, before importing the pencils:

Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Avenue, N.W. Washington, DC 20230

We further note that the sample pencils you provided are not legally marked with the country of origin. We suggest you contact your nearest Customs port for advice on the proper marking of these items.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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