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NY j85538


July 9, 2003

CLA-2-42:RR:NC:3:J85538

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Joseph Stinson
Liss Global Inc.
7746 Dungan Rd.
Philadelphia, PA. 19111

RE: The tariff classification of Wine Bottle Gift Bag from China

Dear Mr. Stinson:

In your letter dated June 1, 2003 you requested a classification ruling.

A sample of item # 932802 (50357) has been submitted. It is a wine bottle gift bag manufactured of man-made fiber textile materials. The exterior surface is of velvet fabric and the interior is lined. The bag has a decorative cord drawstring closure. The bag is of a kind that is substantially constructed and sold at retail.

You have indicated that the item is classifiable within tariff number 6307.90.9889, HTSUSA. The later tariff provision is a non-specific provision. Imported goods must be classified within the most specific provision in the tariff. Heading 6307,HTSUSA excludes goods of heading 4202, HTSUSA. The instant item is of a kind classifiable within heading 4202, HTSUSA.

The applicable subheading for item 932802 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for other containers with outer surface of textile materials, of man-made fibers. The duty rate will be 17.8 % ad valorem.

Goods classified within HTS 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are not currently 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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