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NY C89656


July 23, 1998

CLA-2-42:RR:NC:3:341 C89656

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Sandra L. Haupt

Senior Management Consultant

Tower Group International, Inc.

128 Dearborn Street

Buffalo, N.Y. 14207-3198

RE: The tariff classification of bags of man-made textile materials from China, HTS 4202.92.9026

Dear Ms. Haupt:

In your letter dated you requested a classification ruling. The request is on behalf of Axius Autoshade, Moorpark, Ca.

The samples submitted are identified as styles 50060, "Utility Bag" and 50115, "Litter Bag". Each bag is rectangular in shape manufactured of man-made textile materials. Each are substantially constructed with a cushioned middle layer between the inner lining and the man-made fiber textile outer surface. The bags have hook and loop fasteners which permit the article to be fastened to the carpet of a vehicle. Style 50060 has a zipper closure which secures the top lid. It measures approximately 13' x 7.5" x 11". Style 50115 measures appoximately 8"x7.5"x5.5", has a hook and loop tab closure which secures the lid. A sealed plastic bag of sand is inserted into the bottom for stability.

Although the articles are described as being automobile accessories for storage bags and liter, the articles are substantially constructed containers which are of a kind designed and used to provide, storage, protection and organization to various personal properties and/or automobile accessories such as tools while traveling in a vehicle. Such articles are of a kind excluded from classification as automobile accessories by Note (C) Section XVII of the Harmonized Tariff Schedules of the United States, Annotated.

The applicable subheading for styles 50060 and 50115 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for other containers, with outer surface of textile materials or of sheeting of plastics, other. The duty rate will be 19 percent ad valorem.

Articles classified within HTS 4202.92.9026 fall 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.

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,


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