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August 13, 1999

CLA-2-39:RR:NC:SP:221 E85764

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a flocked pouch from China.

Dear Mr. Epstein:

In your letter dated August 11, 1999, on behalf of Avon Products, Inc., you requested a tariff classification ruling.

The sample submitted with your letter is identified as “precious gem glace compact pouch,” style number PP 1000330-P. The sample submitted with your letter is an unlined pouch measuring approximately 2 ¾ inches square, with a flap which folds over the front. It will be used after importation to hold a cosmetic compact. The pouch is constructed from a sheet of plastics covered on one side with textile flocking. This construction is considered to be a material of chapter 39 and not a textile fabric of Section XI. The sample is being returned as you requested.

The applicable subheading for the pouch made of flocked plastic sheeting will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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