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NY E88220




October 13, 1999

CLA-2-42:RR:NC:341:E88220

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a novelty utility case from China.

Dear Mr. Hoffacker:

In your letter dated September 23, 1999 you requested a classification ruling for a novelty utility case from China.

The photograph submitted with your request is identified as #5629 (vendor style #4HC423), "animal pencil case". Measurements of the item were not included in the request. The article is a generic utility pouch designed to contain various personal effects. It is constructed of an exterior surface of polyester textile material in the shape of a dog with a plush face, head, paws, and tail. The top opening is secured by a full-width zippered closure.

The applicable subheading for style #4HC423 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, other, of man-made fibers, other. The duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.92.3031 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).

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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