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NY H82079




June 18, 2001

CLA-2-42:RR:NC:TA:341 H82079

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Ms. Margaret Polito
Neville, Peterson & Williams
Counsellors At Law
80 Broad Street - 34th Floor
New York, NY 10004

RE: The tariff classification of a clip-on pouch from China.

Dear Ms. Polito:

In your letter dated May 11, 2001, on behalf of Simon Marketing, Inc. (“SMI”), you requested a classification ruling for a clip-on pouch.

The sample submitted, identified as item WRIN 06170-054a, is a clip-on pouch made up of man-made fiber textile materials. The overall size is 4” x 6” and is similar to an envelop shaped pouch. It has a top opening and fabric lined interior pouch of equal size. The pouch is made up in the silhouette of the copyrighted Walt Disney cartoon character “Eeyore”.

The item is a clip-on pouch designed to be an article of personal use and of a kind normally carried in the pocket or in the handbag.

The item is not specifically a “Backpack Clip”. It is designed to be clipped onto a belt loop, zipper pull or other similar holder and not limited to a backpack.

Note Roster Products vs. United States, Slip op 00-60, June 1, 2000 the eo nomine goods of Heading 4202, HTSUSA, includes all forms of the named articles. The goods of heading 4202 possess the common characteristics of storage, protection, organization or portability. There is no requirement that an article must possess each characteristic.

The “Eeyore” clip-on pouch is similar to a spectacle pouch or a pocket tissue holder. There is no requirement in heading 4202 that such goods have a closure.

The “Eeyore” clip-on pouch is an article of personal use and is of a kind normally carried in a pocket or handbag.

It is not principally used for the amusement of children or adults. It is essentially a purse which has the silhouette and artwork of the copyrighted Walt Disney cartoon character.

Your sample is being returned as requested.

The applicable subheading for the clip-on pouch 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 handbag, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 18.3 percent ad valorem.

HTS 4202.32.9550 falls 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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