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NY C88631


June 25, 1998

CLA-2-42:RR:NC:TA:341 C88631

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 6307.90.9989

Mr. C.R. Hammett

Wells Lamont

6640 West Touhy Ave.

Niles, IL 60714-4587

RE: The tariff classification of a garden belt, tool pouch and tote bag from China.

Dear Mr. Hammett:

In your letter dated May 27, 1998, you requested a classification ruling for a garden belt, tool pouch and tote bag.

You have submitted three samples with your request, identified as items 1, 2 and 3. They are as follows:

Item 1, described as a "3-pocket with belt garden pouch", is a garden belt with an adjustable strap with buckle designed to contain garden tools. The item is made of textile man-made material.

Item 2, described as a "4-pocket without belt", is a tool pouch with a textile loop designed to be worn on the belt to contain tools. The pouch is manufactured of man-made textile materials with mesh pockets manufactured of nylon with a polyethylene coating.

Item 3, is a double handle, open top garden tote manufactured of a woven textile material designed with multiple exterior pockets to contain garden tools and other accessories.

The applicable subheading for Item 1, the garden belt 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 Items 2 and 3, the tool pouch and garden tote of man-made textile materials, will be 4202.92.9026, HTSUSA, which provides for trunks, suitcases...; traveling bags..., tool bags and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19 percent ad valorem.

Items classifiable under 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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