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NY I85132




August 13, 2002

CLA-2-95:RR:NC:SP:225 I85132

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000; 3924.90.5500; 4202.92.9060; 6211.42.0081; 6216.00.1720

Mr. W. J. Gonzalez
General Manager
Trans-Union Customs Service, Inc.
11941 S. Prairie Ave.
Hawthorne, CA 90250

RE: The tariff classification of a plastic lidded drinking cup, plastic garden tools, a pack, a cotton apron, and a pair of cotton gloves from China.

Dear Mr. Gonzalez:

In your letter dated July 30, 2002, on behalf of Shui Kei Company, you requested a tariff classification ruling.

You submitted the following samples:

A plastic lidded drinking cup in the shape of a bottle that measures approximately 7-1/4 inches in height and 2-3/4 inches in diameter. The article is colored purple with a black lid that can be lifted up so that water can be squeezed from the “bottle” through a valve-shaped drinking spout.

A group of four green garden tools (two trowels and two cultivators) made entirely of plastic. Each trowel measures approximately 8 inches in length. One trowel has a blade that measures approximately 2 inches in width while the other trowel blade measures approximately 1-1/2 inches in width. One cultivator is shaped like a fork with four prongs while the other cultivator is claw-shaped with five prongs.

A green pack that measures approximately 12 inches square constructed of nylon and plastic. It features a plastic see-through window on the front with a zippered closure. The back has two adjustable nylon straps. There is a side pocket and three small compartments inside, along with a larger storage area.

A green cotton apron that consists of woven 100 percent cotton fabric. The garment covers the entire front of the torso and has a yellow textile strap that extends around the neck and a yellow tie fastener at the waist. It also has a large center pocket and a smaller side pocket.

A pair of cotton gloves that are clute cut garden gloves with a complete palmside from fingertips to wrist made of woven cotton fabric with a PVC dot coating. The backside of the gloves is made of a printed woven cotton fabric. The gloves feature a ribbed knit cuff. The essential character of the glove is imparted by the coated palmside fabric.

The applicable subheading for the plastic lidded drinking cup will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Tableware, kitchenware, other household articles and toilet articles, of plastics: Tableware and kitchenware: Other.” The rate of duty will be 3.4 % ad valorem.

The applicable subheading for the plastic garden tools will be 3924.90.5500, HTS, which provides for “Tableware, kitchenware, other household articles and toilet articles, of plastics: Other: Other.” The rate of duty will be 3.4% ad valorem.

The applicable subheading for the pack will be 4202.92.9060, HTS, which provides for “Trunks, suitcases, vanity cases tool bags and similar containers, with outer surface of sheeting of plasticOther: Other: Other: Other.” The rate of duty will be 18.1% ad valorem.

The applicable subheading for the cotton apron will be 6211.42.0081, HTS, which provides for “Track suitsother garments: Other garments, women’s or girls’: Of cotton, Other.” The duty rate will be 8.2% ad valorem. The textile category designation is 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The applicable subheading for the cotton gloves will be 6216.00.1720, HTS, which provides for “Gloves, mittens and mitts: Impregnated, coated or covered with plastics or rubber: Other: Without fourchettes: Cut and sewn from pre-existing machine-woven fabric that is impregnated, coated or covered with plastic or rubber: Of vegetable fibers: Other: Subject to cotton restraints.” The rate of duty will be 23.8 percent ad valorem. The textile category designation is 331. 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.

We are unable to issue a ruling on the items imported together as a unit at this time. Should you still wish a binding ruling on the items imported together as a unit, please provide literature/advertising regarding its intended consumer and how the unit would be marketed and sold and resubmit your ruling request.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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