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NY D82308





September 29, 1998

CLA-2-42:1B:CO:G07 D82308

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Ms. Irene Kwok
CDP Asia Limited
3/F California Tower
30-32 d'Aguilar Street
Central, Hong Kong

RE: The tariff classification of a spectacle case from China

Dear Ms. Kwok:

In your letter dated September 4, 1998, you requested a tariff classification ruling. A sample was submitted for our examination.

The submitted sample, C-40546, is a spectacle case measuring approximately 6 x 3 inches. The outer surface is composed of a 100% polyester knitted fabric. The fabric lined cased is zipper-secured.

The applicable subheading for the spectacle case will be 4202.92.9550, 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 an outer surface of textile materials; Other; Of manmade fibers. The rate of duty will be 19% ad valorem.

Item number 4202.32.9550 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 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.

May we direct your attention to Part 134, Customs Regulations (19 C.F.R. 134), which implements the country of origin markings and exceptions of Section 304 of the Tariff Act of 1930, as amended (19 U.S.C 1304). Section 304 provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin. The spectacle case at issue is not in compliance with the referenced statute.

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,

Jon A. Batt
Port Director

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