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NY H86119

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December 13, 2001

CLA-2-63:RR:NC:TA:351 H86119

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms. Sarah C. Cullotta
Phoenix International Freight Services, Ltd. 712 North Central
Wooddale, IL 60191

RE: The tariff classification of a bag from China.

Dear Ms. Cullotta:

In your letter dated September 5, 2001, on behalf of North American Bear, you requested a tariff classification ruling.

The sample submitted is a bag used for packaging stuffed toys. It is made of a 100 percent polyester tulle fabric panel. The panel is folded to create the bag and sewn closed at the sides. The top edge is folded down and hemmed with a textile drawstring ribbon closure. The bag measures approximately 16 inches long by 14 inches wide.

You believe that the bag should be classifiable under subheadings 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, holsters and similar containers with outer surface of textile materials, other, other, other of man-made fibers and 9503.90.0080, HTS, which provides for other toys, other. The bag is made up of a flimsy transparent fabric. It is not of a kind similar to the traveling bags of heading 4202, HTS. Since the mesh bag is not an item that would enhance the play value of the toy, it would not qualify as an accessory to the toy under subheading 9503.90.0080, HTS.

The applicable subheading for the bag will be 6307.90.9989, HTS, which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem. The rate of duty for 2002 is the same.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 4202.92.90 - Bags, cases and similar containers nesi, with outer surface of plastic sheeting or of textile materials, excl. cotton
• Tariff No.: 6307.90.99 - National flags and other made-up articles of textile materials, nesoi
• Tariff No.: 9503.90.00 - Toys and reduced scale models neosi and parts and accessories thereof