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NY J88202




September 9, 2003

CLA-2-42:RR:NC:3:341 J88202

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500, 4202.92.3031, 4202.92.9060, 4202.92.4500

Carol Krupskas
Import Supervisor
KAT Import Brokers
Airport Ind. Office Park
Bldg. B4A
Valley Stream, NY 11581

RE: The tariff classification of a photo album, a cased mirror/I.D. card case, a toiletry bag, a zippered jewelry case, a toiletry case, and a travel toiletry case from China

Dear Ms. Krupskas:

In your letter dated August 20th, 2003 you requested a tariff classification ruling. The ruling request is on behalf of Tommy Hilfiger Handbags and Small Leather Goods, Inc. You have submitted five samples of styles said to be put up for retail sale as a set.

The first sample submitted, identified as Style #451347, consists of a photo album and a cased mirror/ I.D. card holder. The photo album measures approximately 5”W x 6 ½”H x ½”D. The exterior surface is constructed of faux suede polyester. A twelve sheet plastic insert is fitted into the album. The two items are not considered to be a set for tariff purposes.

The applicable subheading for the photo album will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articlesof plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

Additional information is necessary to classify the cased mirror/I.D. card case. Please provide a breakdown by value of each component material and an explanation as to the design purpose of the article. The second sample submitted, identified as Style #210410/252376, is a set that consists of a toiletry bag and a vanity case. The toiletry bag measures approximately 7 ½”W x 6”H x 2 ¼”D and is constructed with an outer surface of man-made textile fabric. The bag features a lined interior, a zippered enclosure across its top and two matching carrying straps. The enclosed vanity case, constructed with an outer surface of PVC sheeting, measures approximately 5 ½”W x 3 ¾”H x 1 ½”D. The lined case features a zippered enclosure across its top. As these two items are being put up as a set, the larger item (toiletry bag) imparts the essential character to the item.

The applicable subheading for Style #210410/252376 will be 4202.92.3031, HTS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.8 percent ad valorem.

HTS 4202.92.3031 falls within textile category 670. Based upon international textile agreements, products of China are not currently subject to quota and the requirement of a visa.

The third sample submitted, identified as Style #411192, is a zippered jewelry case that contains a PVC lipstick case. Measuring approximately 7 ¼”W x 4”H x 2 ½”D, the case is constructed of PVC coated fabric and features a zippered enclosure and a lined interior. The interior of the item has three zippered storage compartments, a small mirror, and a zippered wall pocket. The lipstick case measures approximately 3 ¼”W x 1 ½”H x 1 ¼”D and has a small mirror inside. The larger item (zippered jewelry case) imparts the essential character to the item.

The applicable subheading for Style #411192 will be 4202.92.9060, HTS, which provides for trunks, suitcases, traveling bags, and similar containers, with outer surface of plastic sheeting, other, other, other. The rate of duty will be 17.8 percent ad valorem.

The fourth sample submitted, identified as Style #411190, is a toiletry case with an attached contact lens case. Measuring approximately 7 ½”W x 3 ”H x 3”D, the case is constructed with an exterior surface of PVC coating. Featuring a zippered enclosure across its top, it has a lined interior. The contact lens case measures approximately 3 ¼”H x 3 ¾”W x ¾”D. A small mirror encased in a frame to resemble the shape of lips is also attached. The larger item (toiletry case) imparts the essential character to the item.

The applicable subheading for Style #411190 will be 4202.92.4500, HTS, which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic. The duty rate will be 20 percent ad valorem.

The fifth sample submitted, identified as Style #411191, is a travel toiletry case constructed with an outer surface of plastic sheeting. Measuring approximately 9”W x 5 ½”H x 2 ½”D, the bag is secured by a zippered enclosure. The interior of the bag features three attached zippered accessory pouches.

The applicable subheading for Style #411191will be 4202.92.4500, HTS, which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic. The duty rate will be 20 percent ad valorem.

All samples will be returned as requested.

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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