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NY H81763




June 8, 2001

CLA-2-42:RR:NC:N3:341 H81763

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026, 3926.20.9050

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

RE: The tariff classification of apron and tote bag from China.

Dear Mr. Tuttle:

In your letter dated May 24th, you requested a ruling on behalf of Arden Companies on tariff classification.

The samples submitted with your request are identified as #G40151, “Vinyl Bib Apron”, and “Harvest Tote”. (A style number was not provided for “Harvest Tote”). Item #G40151 is constructed of a cellular vinyl plastic that is backed by woven polyester fabric that is present merely for reinforcing purposes. The apron features self-tie neck and waist straps and a check pocket and pockets below the waist. “Harvest Tote” is a garden tool tote that is made up of textile material of man-made fibers. The bag has two carry handles. The interior is divided into two compartments and the top opening is not secured by a closure.

The applicable subheading for “Harvest Tote” will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity casesof man-made fibers. The general rate of duty will be 18.3 percent ad valorem.

The applicable subheading for #G40151 will be 3926.20.9050, HTS, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914plastic rainwear, including jackets, coats, ponchos, parkas and slickers, featuring an outer shell of polyvinyl chloride plastic with or without attached hoods, valued not over $10 per unitother. The general rate of duty will be 5 percent ad valorem.

Items classifiable under HTS subheading 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are currently 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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