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NY H86524




December 28, 2001

CLA-2-42:RR:NC:TA:341 H86524

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 9503.70.0000; 9503.90.0080

Mr. James F. Carroll
J.M. Rogers Co., Inc.
20 N. Central Avenue
Valley Stream, NY 11580

RE: The tariff classification of a sport bag containing toys and games from China.

Dear Mr. James:

In your letter dated December 6, 2001, on behalf of Sportcraft Ltd., you requested a classification ruling.

The sample submitted, style 11015, consists of assorted toys and games, which includes jai lite, magic mitts, shuttle smash, flying disc, sponge water football, and an inflatable beach ball, put up for retail sale packed in a sport bag of textile materials.

The sport bag is a drawstring duffel bag manufactured of knit man-made textile materials upper and a base of sheeting of plastic. It measures approximately 16 inches high. The bag is of a kind designed to contain sundry personal effects as well as sporting equipment. It is not a container of a kind normally sold with the games contained within.

The applicable subheading for the sport bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.3 percent ad valorem. The duty rate for 2002 will be 18.1 percent ad valorem.

The applicable subheading for the jai lite, shuttle smash, and magic mitts, will be 9503.70.0000, HTS, which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The duty rate will be free and will remain unchanged for 2002.

The applicable subheading for the beach ball, flying disc and water football, will be 9303.90.0080, HTS, which provides for other toys Other: Other. The duty rate will be free and will remain unchanged for 2002.

4202.92.3031 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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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