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NY E83841




July 22, 1999

CLA-2.1B:CO:G07

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031 4202.92.9026 4202.92.9060

Mr. Richard Lopez
Pacheco International Corporation
11207 South La Cienega Boulevard
Los Angeles, California 90045

RE: The tariff classification of a toiletry bag and two cellular telephone cases from China, Taiwan and/or the Philippines

Dear Mr. Lopez:

In your letter dated June 21, 1999, you requested a tariff classification ruling. Three samples were submitted for our examination.

Sample no. 1 is a toiletry bag with an outer surface of a knitted polyester fabric. It measures approximately 3 x 5 inches with a drawstring closure.

Samples numbered 2 and 3 are cases for a cellular telephone. Sample no. 2 measures approximately 6 x 3 x 1 inches with a hook which allows for carriage on the belt. The case also features an opening to allow access to the telephone key pad, an area covered with clear plastic which allows viewing to the number display and a detachable cover. The case is comprised of neoprene with the fabric as the outer surface.

Sample no. 3 measures approximately 4 x 3 x 1 inches with a hook to facilitate carriage on the belt. It features a clear plastic insert for the telephone and an overlapping cover. It too is comprised of neoprene with the plastic as the exposed or outer surface. Your samples are herein returned.

The applicable subheading for the toiletry bag 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 plastic sheeting or of textile materials: Of manmade fibers. The rate of duty will be 18.8% ad valorem.

The applicable subheading for the cellular telephone case numbered sample no. 2 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for: Trunks, suitcases, vanity cases, attaché cases, brief cases, school cases, musical instrument cases, gun cases, holsters and similar containers; With outer surface of sheeting of plastic or of textile materials: Of textile material: Other: Other: Of manmade fibers. The rate of duty will be 18.8% ad valorem.

The applicable subheading for the cellular telephone case numbered sample no. 3 will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for: Trunks suitcases, vanity cases, attaché cases, brief cases, school cases, musical instrument cases, gun cases, holsters and similar containers; With an outer surface of sheeting of plastic or of textile materials: Of textile materials: Other: Other. The rate of duty will be 18.8% ad valorem.

Items numbered 4202.92.3031 and 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements, products of china, Taiwan and/or the Philippines 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.

Sincerely,

Jon A. Batt
Port Director

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