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NY G85500





January 4, 2001

LA-2-42:RR:NC:341:G85500

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060; 4202.92.9026; 6307.90.9989

Mr. James C. Tuttle
Law Offices of James C. Tuttle
82 Wall Street, Suite 1105
New York, NY 10005

RE: The tariff classification of tote bag, holsters, and a bucket organizer from China.

Dear Mr. Tuttle:

In your letter dated December 15th, 2000, on behalf of Arden Companies, you requested a classification ruling.

The samples submitted with your request are identified as "Garden Tote; #G20001, "Garden Pouch"; #G40301, "Garden Tool Belt"; #G40251, and "Tool Caddy" (a style number was not submitted).

The tool caddy is commonly known as a bucket organizer or "bucket pockets". It is designed to be placed over a bucket to organize tools. The exterior surface consists of a fabric backed embossed compact plastic sheeting. There are eight pockets of textile mesh material that cover the width of the organizer.

Style G20001 is a bag fitted to contain tools. It has double handles, a large center compartment with bottom stiffener and 6 vinyl pockets and 8 exterior textile mesh pockets. The bag body is of fabric backed embossed compact plastic sheeting. The exterior surface of the bag consists of the plastic sheeting and the textile mesh material neither of which imparts the essential character of the bag. Classification of the bag will be according to General Rule of Interpretation 3(c).

Style G40301 is a tool holder similar to a holster. It is worn on a belt and has two exterior pockets of mesh man-made textile materials. The base is of a fabric backed embossed compact plastic sheeting of which the plastic sheeting forms the exterior surface. The exterior man-made textile mesh imparts the essential character.

Style G40251 is a tool belt with a permanently attached holder. The holder has three pockets of mesh man-made textile materials. The base is of a fabric backed embossed compact plastic sheeting of which the plastic sheeting forms the exterior surface.

The applicable subheading for #G20001 will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity casesother. The duty rate will be 18.6% ad valorem in the year 2000 and 18.3% ad valorem in the year 2001.

The applicable subheading for #G40301 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity casesof man-made fibers. The duty rate will be 18.6% ad valorem in the year 2000 and 18.3% ad valorem in the year 2001.

The applicable subheading for #G40251 and "tool caddy" will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patternsother. The duty rate will be 7% ad valorem in the year 2000 and 7% ad valorem in the year 2001.

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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