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NY H80168




July 9, 2001

CLA-2-95:RR:NC:SP:222 H80168

CATEGORY: CLASSIFICATION

TARIFF NO.: 7018.90.5000

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of coin purses from China.

Dear Ms. Liu:

In your letter dated April 10, 2001, you requested a tariff classification ruling.

You have submitted samples of two styles of coin purses. Item number C62C0538, sequined mini purse will be imported in three assorted styles: an Angel, a Christmas tree and a Snowman. The outer body of the purse is composed of 100 percent polyester woven fabric that has been covered with 40 percent (by weight) of plastic sequins and 20 percent (by weight) of glass beads. The lining is made of 100 percent nylon woven fabric. The strap is made of nylon yarns that have been woven together. The purse has a zipper closure. Each style is a relatively flat representation of an Angel, a Christmas tree and a Snowman. The Angel is holding a bouquet of holly leaves and berries, the Snowman has a sprig of holly leaves and berries in his hatband and the Christmas tree is decorated with lights and ornaments. The coin purse is intended to be carried on the person, not hung on the Christmas tree.

Item number C11B0732 identifies the glass beaded coin purse. This item will be imported in three assorted colors, purple, green and blue. The outer body of the coin purse is made of 100 percent polyester woven fabric that is completely covered with glass beads. The lining is made of 100 percent nylon woven fabric. The clutch type coin purse has a metal snap closure.

The samples are returned as you requested.

The applicable subheading for the glass beaded purse, item number C11B0732, will be 7018.90.5000, HTS, which provides for glass beadsand articles thereofother, other. The rate of duty will be 6.6 percent ad valorem.

We are returning your request for a classification ruling on item number C62C0538, an Angel style mini, plastic/glass sequined purse, because we are precluded from issuing a ruling letter by the provisions of Sections 152.16 and 177.7 of the Customs Regulations (19 C.F.R. 152.16 and 177.7).

In Park B. Smith Ltd. v. United States, Court No. 96-02-00344, the Court of International Trade issued a decision on the scope of the term “festive articles.” The time within which an application for rehearing or appeal may be filed has not yet expired. Since the classification of the articles which are the subject of this request for a ruling may be affected by the case before the Court in Park B. Smith, supra, we are precluded from issuing a ruling in this case.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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