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NY C81736




NOV 21, 1997

CLA-2-42:RI:130:G25:DJP

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025

Ms. Sally Strom
Case Logic, Inc.
6303 Dry Creek Parkway
Longmont, CO 80503

RE: The tariff classification of a CD case from China/ The Philippines

Dear Ms. Strom:

In your letter dated November 12, 1997 you requested a tariff classification ruling.

The sample submitted with your request, no style number, is a CD case approximately 11 " x 6 " x 1" in size in its closed position. When in the open position the case has 10 slots on each side to hold CDS with a textile divider. The case is kept closed by means of a flapover with velcro. The front exterior has a zippered pocket. The rear of the case has two velcro strips with removable straps which allow the item to be attached to the visor of an automobile. The outer surface of this case is constructed of 420D oxford nylon textile fabric.

You cite ruling NY818557 (2-18-96) concerning a similar item for which you received a ruling. Unlike the visor accessory, of that ruling, the subject case is capable of use outside the automobile. This case is primarily designed as a carry case and is therefore more specifically provided for in 4202.

The applicable subheading for the CD case will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases...binocular cases and similar containers, with outer surface of textile materials, other, of manmade fibers. The rate of duty will be 19.3 per cent ad valorem.

The CD case falls within textile category designation 670. Based upon international textile trade agreements, products of China in category 670 are subject to visa and quota requirements. Products in category 670 from the Philippines are subject to visa but are not subject to quota at this time.

Your sample is being returned as requested.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 (Restraints 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Richard Barrette
Service/Area Port Director

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