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NY C82693




January 5, 1998

CLA-2-42-NO:CO:FNIS D09

CATEGORY : Classification

TARIFF NO.: 4202.32.9550

David A. Eisen
Siegel, Mandel & Davidson, P.C.
1200 G Street, N.W.
Suite 800
Washington, D.C. 20005

RE: The tariff classification of a lipstick holder from China or Taiwan

Dear Mr. Eisen:

In your letter dated December 11, 1997, you requested a tariff classification ruling on behalf of your client, Avon Products, Inc.

You submitted one sample which you call Rare Rubies Lipstick Holder - PP 166692. The item is constructed of nylon covered cardboard, semi-cylindrical in shape, measuring approximately 3 1/2 inches in length. It features a flap with metal snap closure and a small rectangular mirror affixed to the underside of the flap.

We are returning the sample per your request.

We note that the submitted sample is not marked with the country of origin. Therefore if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the lipstick holder would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit."

The applicable subheading for the above item 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, of man-made fibers. The duty rate will be 19 percent ad valorem.

Items classifiable under 4202.32.9550 fall within textile category designation 670. Based upon international textile trade agreements, products of Taiwan and China are subject to quota and the requirement of a visa.

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. 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.

Sincerely,

Allen H. Paterson
Port Director

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