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March 5, 1999

CLA-2-42:RR:NC:3:341 D85573

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Leta Nicholas
Napco Marketing Corp.
7800 Bayberry Road
Jacksonville, FL 32256-6817

RE: The tariff classification of decorative bottle covers from China.

Dear Ms. Nicholas:

In your undated letter, received in this office December 11, 1998, you requested a classification ruling for decorative bottle covers.

You have submitted two samples identified as styles CW8B01-BY and CW8B02-1Y. Each item is primarily a decorative cover for a gift bottle of wine or spirits.

Each cover is approximately 11.5" high with a 3" diameter base. The body is constructed of an outer surface of man-made fiber textile material which has a holiday motif. There is a collage of imitation berries and a flower trimmed with ribbon affixed to the top at approximately the height of the bottle neck. The top is trimmed with a metallic lace fabric. There is a metallic gold drawstring cord which is designed to be tied around the neck of the bottle which protrudes from the top of the cover.

The applicable subheading for the bottle covers of man-made textile materials will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 18.8 percent ad valorem.

The bottle covers 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 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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