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May 17, 1999

CLA-2-42:RR:NC:TA:341 E81737

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Rd.
Hoffman Estates, IL 60195-1930

RE: The tariff classification of a novelty utility/pencil pouch from China.

Dear Ms. Balice:

In your letter dated April 30, 1999, you requested a classification ruling for a novelty utility/pencil pouch.

The sample submitted, identified as style PC-1000, described as a “Dog Pencil Case”, is a utility pouch which simulates a dog. The pouch is manufactured of an exterior surface of acrylic plush fabric. The main body which is the pouch, measures approximately 8.5” long and 2.5” wide. The top of the pouch has a 7.5” long zippered closure that secures the contents when carried in another bag such as 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 novelty pouch of acrylic 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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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