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May 10, 1999

CLA-2-42:RR:NC:TA:341 E81365

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Ralph Martinez
Equity Marketing
1700 South Wilmington Ave.
Compton, CA 90220

RE: The tariff classification of a novelty utility/pencil pouch HTS 4202.92.3031, product of China.

Dear Mr. Ralph Martinez:

In your letter dated April 21, 1999, you requested a classification ruling for a novelty utility/pencil pouch.

The sample submitted, identified as the “Plane Stash”, is a utility pouch which simulates an airplane and is printed with the name. The pouch is manufactured of woven brushed tricot fabric. The main body, which simulates the plane fuselage, is approximately 8.5" long and 2.5". The product specifications indicate that the article will be produced containing stuffing in the wings, elevators (rear wings) and the tail. However the main body does not contain any stuffing and is lined with textile materials. The top of the pouch has a 6" long hook and loop closure which secures the contents and is a reliable means of securing the contents when carried in another bag such as a backpack. The product specifications indicate that the pouch is designed to contain pencils, school or other personal items and is intended to be carried in a backpack. The primary useful function of the pouch is to provide storage, protection, organization and portability for personal effects.

The applicable subheading for the pouch of woven brushed tricot fabric will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.8 percent ad valorem.

HTS 4202.92.3031 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.

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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