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NY C81649




December 11, 1997

CLA-2-98:RR:NC:2:240 C81649

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500; 4202.92.1500; 4202.92.3030: 4818.20.0040; 6115.93.6020; 6307.90.9989; 8212.10.0000; 9603.21.0000; 9615.11.1000; 9615.11.3000; 9801.00.1096

Mr. William J. Phelan
Phelan & Mitri
One Atlantic Street
Stamford, Connecticut 06901

RE: The tariff classification of Amenity Kits from China, Hong Kong and USA

Dear Mr. Phelan:

In your letter dated November 12, 1997, you requested a tariff classification ruling on behalf of your client American Airlines.

Samples of two Amenity Kits and articles for distribution were submitted with your inquiry. The "First Class Amenity Kit" consists of a polyvinyl chloride zipper bag containing socks, eyeshades, toothbrush, toothpaste, tissue pack, mouthwash, hydrating spritzer, lip balm and hand lotion. The amenity kit is distributed to airline passengers. The PVC bag is a zippered toiletry bag similar to a kit bag of embossed PVC sheeting with textile fiber flocking on the exterior. The bag, eyeshades, toothbrush and tissue pack are manufactured in China. The socks composed of 80 percent acrylic and 20 percent nylon, are made in Hong Kong. The toothpaste, mouthwash, hydrating spritzer, lip balm and hand lotion are made in the US. All the items are transhipped to China where they are assembled into the Amenity Kit.

The "Business Class Amenity Kit" consists of a 100 percent cotton shoe bag containing socks, eye shades, toothbrush and toothpaste. The kit is distributed to business class airline passengers. The shoe bag, a drawstring "stuff bag", is a travel bag designed to contain personal effects during travel. The bag, toothbrush and eye shades are manufactured in China. The socks are made in Hong Kong. The tooth paste is of US origin.

Samples of individual items for distribution were also included with your submission. The items are a plastic shoehorn, a plastic comb, a disposable razor, a packet of shave cream, and disposable ear plugs. The shoehorn and comb are manufactured in China. The razor is manufactured in Germany. The disposable ear plugs and shave cream are made in the US.

The Amenity Kits are not considered sets for US Customs purposes. The items will be separately classified.

The applicable subheading for the toothpaste, mouthwash, hydrating spritzer, lip balm, hand lotion, shave cream and disposable ear plugs will be 9801.00.1096, Harmonized Tariff Schedule of the United States (HTS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad. The duty rate will be free.

The applicable subheading for the eye shades will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other: Other, Other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the toothbrush will be 9603.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for toothbrushes, including dental-plate brushes. The duty rate will be 0.1 cents each plus 1.4 percent ad valorem. The duty rate in 1998 will be 0.7 percent ad valorem.

The applicable subheading for the disposable razor will be 8212.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for razors and razor blades (including razor blade blanks in strips), and base metal parts thereof: razors. The duty rate will be 0.2 cents each plus 0.4 percent ad valorem. The duty rate in 1998 will be 0.1 cents each plus 0.2 percent ad valorem.

The applicable subheading for the shoe horn will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for Tableware, kitchenware, other household articles and toilet articles, of plastics: Other: Other. The duty rate will be 3.4 percent ad valorem.

The applicable subheading for the plastic comb, if valued not over $4.50 per gross, will be 9615.11.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for combs, hair-slides and the like: of hard rubber or plastics: combs: valued not over $4.50 per gross. The duty rate will be 14.4 cents per gross plus 2 percent ad valorem. The applicable subheading for the plastic comb, if valued over $4.50 per gross, will be 9615.11.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for combs, hair-slides and the like: of hard rubber or plastics: combs: valued over $4.50 per gross. The duty rate will be 28.8 cents per gross plus 4.6 percent ad valorem.

The applicable subheading for the tissue pack will be 4818.20.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for handkerchiefs, cleansing or facial tissues of paper. The duty rate will be 3.7 percent ad valorem. The duty rate in 1998 will be 3.2 percent ad valorem.

The applicable subheading for the polyvinyl chloride zipper bag 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 duty rate will be 19.3 percent ad valorem. The duty rate in 1998 will be 19 percent ad valorem.

The polyvinyl chloride zipper toiletry bag falls 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 applicable subheading for the cotton shoe bag will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sports 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 6.9 percent ad valorem. The duty rate in 1998 will be 6.8 percent ad valorem

The cotton shoe bag falls 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 applicable subheading for the socks will be 6115.93.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for Pantyhose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: Other: Of synthetic fibers: Containing lace or net...:Other. The duty rate will be 19.6 percent ad valorem. The duty rate in 1998 will be 19.5 percent ad valorem.

The socks fall within textile category designation 632. Based upon international textile trade agreements products of Hong Long 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 Stephanie Joseph at 212-466-5768.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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