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NY F83341





March 10, 2000

CLA-2-42:RR:NC:341:F83341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 6117.80.8500; 3924.90.5500; 9503.41.0010

Mr. Kevin R. Maras
Tower Group International, Inc.
128 Dearborn Street
Buffalo, NY 14207

RE: The tariff classification of a toiletry bag, toy rabbit, and headband from China, and a bath sponge from Taiwan or China.

Dear Mr. Maras:

In your letter dated February 15th, 2000, on behalf of Rody & Company Marketing Inc., you requested a classification ruling.

The samples submitted with your request are a toiletry bag, headband, bath sponge, and stuffed rabbit.

The toiletry bag measures approximately 5 1/4" x 7" x 6" and consists of an underlying structure of clear Polyvinyl Chloride (PVC) that is covered by a sheer polyester fabric overlay. The interior is unlined, consists of a single compartment with no additional features, and is secured by a zip-around closure. A carry handle of clear PVC is permanently attached to the top of the case.

The headband is made of knit cotton textile material. The ends of the band are sewn together and knotted. The item is used to hold the hair in place when having a facial, bathing or applying makeup.

The "animal sponge" is sponge used for cleansing oneself while bathing. The sponge consists of mesh of man-made material that is gathered into a circular silhouette. The plush face of a dog protrudes from one end of the sponge while the backend of the dog protrudes from the other end of the sponge. The article is a bath sponge and is not considered a toy.

The "bath time animal friend" is a stuffed rabbit that measures approximately 4" x 4 1/2" x 10". The item has an exterior surface that is of cotton terry cloth material, with the exception of the rear torso of the rabbit, which is of crocheted material that is designed to simulate a loofah. The article is primarily a toy used for the amusement of children and can be used for cleansing oneself while bathing.

The applicable subheading for the toiletry bag 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 18.6% 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 applicable subheading for the knit headband will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crochetedheadbands, ponytail holders and similar articles. The duty rate will be 15% ad valorem.

The applicable subheading for the "animal sponge" will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics, other, other. The duty rate will be 3.4% ad valorem.

The applicable subheading for the "bath time animal friend" will be 9503.41.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other toysstuffed toys. The duty rate will be free.

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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