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NY E86592




September 20, 1999

CLA-2-42:RR:NC:341:E86592

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Ms. Cindy Hazlett
Applause Inc.
6101 Variel Avenue
Woodland Hill, CA 91367

RE: The tariff classification of gum and candy holders from China.

Dear Ms. Hazlett:

In your letter dated August 24, 1999, you requested a classification ruling for gum and candy holders from China.

The sample submitted with your request, no sample number provided, is identified as "Power Puffs Key Chain". You state that the item will be imported in three styles. Each style consists of a metal dog-leash type clasp that is affixed to a metal split ring, which is attached to a case made of acrylic textile materials. One style of the item is designed and sized to hold gum; the other two are designed and sized to hold candy.

Although the articles will be used to hold gum or candy, the articles are of a kind similar to lipstick holders or cartridge cases. While the rings serve the function of attaching the clasps to the holders and are capable of holding keys, the useful functions of the holders, however, are primary over the metal rings.

The applicable subheading for the candy and gum holders will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with an outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.32.9550 fall 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.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).

Your sample is being returned as requested.

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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