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NY H86864




January 10, 2002

CLA-2-42:RR:NC:TA:341 H86864

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Peter D. Alberdi
A.J. Arango, Inc.
1516 E. 8th Avenue
Tampa, FL 33605

RE: The tariff classification of a ballpoint pen sheath from Taiwan.

Dear Mr. Alberdi

In your letter dated December 26, 2001, on behalf of Hit Promotional Products, you requested a classification ruling for a ballpoint pen sheath.

The sample submitted is not identified by style number. The item is a specially shaped and fitted sheath designed to contain a ballpoint pen. It is manufactured with an exterior surface of flocked man-made textile materials. It measures approximately 6 ¼”(H) x 1”(W).

The applicable subheading for the pen sheath will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 18.1 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan are subject to quota.

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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