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July 28, 1999

CLA-2-42:RR:NC:TA:341 E84783

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8070

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, NY 10022-3219

RE: The tariff classification of a travel jewelry case from China.

Dear Mr. Pellegrini:

In your letter dated July 13, 1999, on behalf of Saracen, Inc., you requested a classification ruling for a travel jewelry case.

Item 3402 is a travel jewelry case made up similar to a vanity case or a train case. The case has a self-fabric carry handle and lock hinged lid with a fitted mirror on the interior. The bottom interior is fitted with sections to hold jewelry or other personal effects and a removable tray which is similarly fitted for jewelry. The carrying case is said to be constructed of a paperboard frame that is wholly covered on the exterior with a fabric of man-made flocked textile material. Your sample is being returned as requested.

Classification of goods within Heading 4202, HTSUSA, is first predicated upon a finding that an imported good is “ejusdem generis” to the exemplars of the heading and its Notes taken as a whole. If found to be classifiable within the heading, it is then determined whether the good is of a kind similar to those enumerated to that of the first or second part of the heading. Finally the good is classified according to the relative subheadings.

Item 3402 is an article similar to a vanity case which is an exemplar of the first part of heading 4202, HTSUS. Articles covered by the first part of the heading may be “OF” any material. The controlling factor is whether or not the outer surface is of a material as enumerated within the appropriate subheading. Item 3402 has an outer surface of man-made textile materials.

The applicable subheading for the travel jewelry case of man-made textile materials will be 4202.12.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases and similar containers, with outer surface o textile materials, other, other, other, of man-made fibers. The duty rate will be 18.8 percent ad valorem.

HTS 4202.12.8070 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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