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NY J86963




August 8, 2003

CLA-2-42:RR:NC:3:341 J86963

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Jenni Gomez
World Exchange, Inc.
8840 Bellanca Ave.
Los Angeles, CA 90045

RE: The tariff classification of semi-plush novelty pouch from China

Dear Ms. Gomez:

In your letter dated July 25,2003 you requested a classification ruling on behalf of Lisa Frank, Inc.

A sample of item P2704,”Pencil Pouch” has been submitted. The item is a zippered pouch made-up to resemble a pig. It is semi-stuffed with fiberfill in the head, arms and legs. The torso is not stuffed and forms the storage pouch. The exterior surface and inner lining is wholly of man-made fiber textile materials. The whole article measures approximately 10 inches long and the pouch portion is approximately 6 inches long. Item P2704 is designed to contain personal effects including pencils and other school supplies.

You have suggested classification as a toy within a non-specified portion of Chapter 95,Harmonized Tariff System (HTS). Stuffed animals are normally classified within Heading 9503, HTS, however the heading requires that the good be fully stuffed and the principle use be for the amusement of children or adults.

Item P2704 is not fully stuffed and the useful functions of providing storage, protection, organization and portability for the personal effects are greater than any play value the article may have. Therefore, it cannot be classified within Heading 9503, HTS.

The applicable subheading for item P2704, “”Pencil Pouch” will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, of textile materials, with outer surface of textile materials, of man-made fibers.. The duty rate will be 117.8 percent ad valorem..

Goods classified within hts 4202.92.3031 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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