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NY I82153





June 19, 2002

CLA-2-42:RR:NC:3:341 I82153

CATEGORY: CLASSIFICATION

TARIFF NOS.: 4202.92.3031, 4911.99.6000, 6805.30.5000, 5601.21.0090, 4417.00.8090, 4818.20.0040, 6109.10.0012, 3307.10.1000, 3304.99.5000, 3305.10.0000, 3401.11.5000, 3926.90.2000, 4014.10.0000, 8212.10.0000, 4202.92.4500, 9615.11.1000, 3307.10.1000, 6506.91.0060, 9603.21.0000, 3304.99.5000, 3305.90.0000, 3307.20.0000, 3303.00.3000, 6202.60.0030, 3005.90.5090, 3306.10.0000

Irene Kwok
C/o CDP ASIA, LTD.
330 Madison Avenue, 12/F
Suite 1278
New York, New York 10017

RE: The tariff classification of “Travel Kit for Business” bag and contents from China

Dear Ms.Kwok:

In your letter dated May 24th, 2002 you requested a tariff classification ruling.

The first sample submitted is a toiletry bag constructed of man-made fiber textile. The bag measures approximately 9”W x 6”H x 3”D and has a three side zipper enclosure. The inside is lined and features a clear plastic open pocket.

The following samples were included in the bag:

Apology card
Emery board
Cotton swabs
Wooden cuticle stick
Pack of tissues
Men’s T-shirt
After shave balm packet
Cold cream packet
Shampoo packet
Bar of soap
Condom
Safety razor w/ PVC pouch
Plastic travel utility pouch
Plastic comb
Packet of shaving cream
Plastic shower cap
Toothbrush
Body lotion packet
Hair conditioner
Deodorant
Toilet water
Small towel
Adhesive bandage
Tube of toothpaste

The applicable subheading for Sample #1, the toiletry 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, other, of man-made fibers, other. The rate of duty will be 18.1 per cent ad valorem

The applicable subheading for Sample #2, the apology card, will be 4911.99.6000, (HTS), which provides for other printed matter, printed on paper in whole or in part by a lithographic process. The rate of duty will be 0.1% ad valorem.

The applicable subheading for Sample #3, the emery board, will be 6805.30.5000, (HTS), which provides for natural or artificial abrasive powder or grain, on a base of other materials: other. The rate of duty will be Free.

The applicable subheading for Sample #4, the cotton swabs, will be 5601.21.0090, (HTS), which provides for articles of cotton wadding. The rate of duty will be 4.3 per cent ad valorem.

HTS 5601.21.0090 falls within textile category designation 369. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

The applicable subheading for Sample #5, the wooden cuticle stick, will be 4417.00.8090, (HTS), which provides for other tools of wood. The rate of duty will be 5.1 per cent ad valorem.

The applicable subheading for Sample #6, the pack of tissues, will be 4818.20.0040, (HTS), which provides for handkerchiefs, cleansing or facial tissues of paper. The rate of duty will be 1.1 per cent ad valorem.

Sample #7 is a men’s T-shirt, constructed from 100 per cent cotton, finely knit jersey fabric. The garment has a rib knit crew neckline, short hemmed sleeves, a screen print on the left sleeve, and a hemmed bottom. The applicable subheading will be 6109.10.0012, (HTS), which provides for T-shirts, singlets, tank tops, and similar garments, knitted or crocheted: of cotton: men’s or boys: other: other T-shirts: men’s. The rate of duty will be 17.4 per cent ad valorem.

HTS 6109.10.0012 falls within textile category designation 338. Based upon international textile trade agreements, products of China are subject to quota and the requiremnt of a visa.

The applicable subheading for Sample #8, the packet of after shave balm, will be 3307.10.1000 (HTS), which provides for pre-shave, shaving, or after shave preparations. The rate of duty will be 4.9 per cent ad valorem.

The applicable subheading for Sample #9, the packet of cold cream, will be 3304.99.5000 (HTS), which provides for beauty or make-up preparations and preparations for the care of the skin (other than medicaments)Other. The rate of duty will be Free.

The applicable subheading for Sample #10, the packet of shampoo, will be 3305.10.0000, (HTS), which provides for preparations for use on the hair: shampoos. The rate of duty will be Free.

The applicable subheading for Sample #11, the bar of soap, will be 3401.11.5000, (HTS), which provides for soap: for toilet use. The rate of duty will be Free.

The applicable subheading for Sample #12, the condom, if made of any form of plastic, will be 3926.90.2000 (HTS), which provides for other articles of plasticsfinger cots; pessaries; prophylactics; and fittings thereof, not in part of glass or metal. The rate of duty will be 4.2 per cent ad valorem. If the item is made of latex rubber, it will be 4014.10.0000 (HTS), which provides for hygienic or pharmaceutical articlesof vulcanized rubber other than hard rubbersheath contraceptives. The rate of duty will be Free.

The applicable subheading for Sample #13, the safety razor with PVC pouch, will be 8212.10.0000 (HTS), which provides for razors. The rate of duty will be Free.

The applicable subheading for Sample #14, the plastic utility pouch, will be 4202.92.4500 (HTS), which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 per cent ad valorem.

The applicable subheading for Sample #15, the plastic comb, will be 9615.11.1000, (HTS), which provides for combs, hair-sliders, and the like: of hard rubber or plastics if valued not over $4.50 per gross. The rate of duty will be 14.4 cents/gross + 2 per cent ad valorem. If valued at over $4.50 per gross, the applicable subheading will be 9615.11.3000 (HTS) and the rate of duty will be 28.8 cents/gross + 4.6 per cent ad valorem.

The applicable subheading for Sample #16, the shaving cream packet, will be 3307.10.1000, (HTS), which provides for pre-shave, shaving, or after shave preparations. The rate of duty will be 4.9 per cent ad valorem.

The applicable subheading for Sample #17, the plastic shower cap, will be 6506.91.0060, (HTS), which provides for other headgear, whether or not lined or trimmed, other, of rubber or plastic, other. The rate of duty will be Free.

The applicable subheading for Sample #18, the toothbrush, will be 9603.21.0000, (HTS), which provides for toothbrushes, including dental-plate brushes. The rate of duty will be Free.

The applicable subheading for Sample #19, the body lotion packet, will be 3304.99.5000, (HTS), which provides for beauty or make-up preparations and preparations for the care of the skin (other than medicaments)Other. The rate of duty will be Free.

The applicable subheading for Sample #20, the hair conditioner, will be 3305.90.0000, (HTS), which provides for other preparations for use on the hair. The rate of duty will be Free.

The applicable subheading for Sample #21, the deodorant, will be 3307.20.0000, (HTS), which provides for personal deodorants and antiperspirants. The rate of duty will be 4.9 per cent.

The applicable subheading for Sample #22, the toilet water, will be 3303.00.3000, (HTS), which provides for perfumes and toilet waters: containing alcohol. The duty rate will be Free.

The applicable subheading for Sample #23, the small towel, will be 6202.60.0030, (HTS), which provides for bed linen, table linen, toilet and kitchen linen: toilet linen and kitchen linen of terry toweling or similar terry fabrics, of cotton, other. The duty rate will be 9.3 per cent ad valorem.

The applicable subheading for Sample #24, the adhesive bandage, will be 3005.90.5090, (HTS), which provides for wadding, gauze, bandages and similar articlesput up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Other: Other: Other. The rate of duty will be Free.

The applicable subheading for Sample #25, the small tube of toothpaste, will be 3306.10.0000, (HTS), which provides for preparations for oral or dental hygienedentifrices. The rate of duty will be Free.

Sample numbers 8, 9, 10, 12, 16, 19, 20, 21, 24, and 25 are medical, cosmetic, and toiletry products that are subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-3380.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by

Customs.

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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