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NY F80164




December 14, 1999

CLA-2-42:RR:NC:341:F80164

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 4202.92.9026; 6307.90.9989; 4202.32.9550

Ms. Bonnie Gee
Kate Spade
48 West 25th Street
New York, NY 10010

RE: The tariff classification of toiletry bags, a tissue holder, trinket box, and jewelry box from China.

Dear Ms. Gee:

In your letter dated December 2nd, 1999, you requested a classification ruling.

Five samples were submitted with your request, each constructed of an exterior surface of textile material comprised of 50% cotton and 50% polyester. Pursuant to General Rule of Interpretation 3 (c), the fabric will be considered to be of polyester.

Style #AS060, "Cosmetic Case", is a toiletry bag with a full width zippered closure.

Style #AS026, "Trapeze Cosmetic Case/Pencil Case", is a generic utility case with a full width zippered closure.

Style #AS027, "Tissue Holder", is a container specially shaped and fitted to hold a small package of tissues. The front opening is not secured by a closure.

Style #AS022, "Small Jewelry Case", is a trinket box with a zip around closure. The interior of the box is non-compartmentalized and is not specifically dedicated to contain jewelry.

Style #AS023, "Large Jewelry Case", is a jewelry box with a zip-around closure that is designed to be placed on a tabletop. The interior of the case features an earring holder and a ring holder that are attached to the top and a bottom compartment that is non-compartmentalized.

The applicable subheading for #AS060, #AS026, will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with an outer surface of textile materials, other, other, of man-made fibers, other. The duty rate will be 18.8% ad valorem for the year 1999 and 18.6% for the year 2000.

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 applicable subheading for #AS027 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 handbagof man-made fibers. The duty rate will be 18.8% ad valorem for the year 1999 and 18.6% for the year 2000.

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 applicable subheading for #AS022 will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns, otherother. The duty rate will be 7% ad valorem for the year 1999 and for the year 2000.

The applicable subheading for #AS023 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for jewelry boxesother, of man-made fibers. The duty rate will be 18.8% ad valorem for the year 1999 and 18.6% for the year 2000.

Items classifiable under HTS subheading 4202.92.9026 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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