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NY K81595




December 18, 2003
CLA-2-42:RR:NC:3:341 K81595

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500, 4202.92.1500, 4202.92.6091, 3924.90.5500, 6302.99.2000, 9603.29.8090, 9603.29.4090, 9605.00.0000, 9404.90.1000

Mr. Tom Staub
Interfreight Harmonized Logistics Inc.
221 Sheridan Blvd.
Inwood, NY 11096

RE: The tariff classification of a PVC tote bag and accessories from China

Dear Mr. Staub:

In your letter dated November 28h, 2003 you requested a tariff classification ruling. The request is on behalf of CDP Asia Limited.

The submitted sample, identified as Item #C-85029A-2, is a PVC tote bag that contains various items personal accessories.

The PVC tote bag (Item #85029A-2) measures approximately 13”W x 11”H x 7”D and features a zippered enclosure on its top, a fitted cardboard divider, and two carrying handles.

The “PVC Bag” (Item #85024A-1) is a toiletry bag that is constructed of PVC and measures approximately 9”W x 6”H x 2 ½”W. The item features a textile fabric trim around its borders and a zippered enclosure across its top.

The applicable subheading for the PVC tote bag and the “PVC Bag” will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of plastic sheeting. The rate of duty will be 20 percent ad valorem. The duty rate for 2004 will be the same.

The “Round Bag” (Item #85025A-1) is a 100 percent woven cotton toiletry bag that measures approximately 5”H x 4”W. The lined bag features a zippered lid and a carrying strap of the same material.

The applicable subheading for the “Round Bag” will be 4202.92.1500, HTS, which provides for travel, sports, and similar bagsof cotton. The rate of duty will be 6.4 percent ad valorem. The rate of duty will be 6.3 percent ad valorem for 2004.

Items classified in HTS 4202.92.1500 fall within category designation 369. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

The “Jewelry Roll” (Item #85023B) is a 100 percent woven cotton jewelry carrier. Measuring approximately 10 ½”x 7”, it is secured by a strap of the same material. The item features two zippered compartments.

The applicable subheading for the “Jewelry Roll” will be 4202.92.6091, HTS, which provides for trunks, suitcases, and similar containers, with outer surface of textile materials, other, of cotton, other. The rate of duty will be 6.4 percent ad valorem. The duty rate for 2004 will be 6.3 percent ad valorem for 2004.

Items classified in HTS 4202.92.6091 fall within category designation 369. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

The applicable subheading for the “Eye Patch with Pouch”, “Toothbrush Holder” (Item #82762D), the “Soap Case” (Item #82762D), and the “Plastic Bottles” [Travel Toiletry Bottles] (Item #89556A) will be 3924.90.5500, HTS, which provides forother household articlesof plastics: Other, Other. The rate of duty will be 3.4 percent ad valorem. The duty rate for 2004 will be the same.

The “Ramie Cloth” (Item #80872) is a 100 percent Ramie bath cloth that measures approximately 32” x 11 ¾”.

The applicable subheading for the “Ramie Cloth” will be 6302.99.2000, HTS, which provides for bed linen, table linen, toilet linen, and kitchen linen: Other: Other: of other textile materials: Other. The rate of duty will be 8.5 percent ad valorem. The rate of duty for 2004 will be 8.4 percent ad valorem.

Items classified in HTS 6303.99.2000 fall within category designation 899. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

The “Brush with Stone” (Item #85068) is a combination nail brush and pumice which are embedded into opposite sides of a wooden handle measuring 7 ¼” in length.

The applicable subheading for the brush with stone will be 9603.29.8090, HTS, which provides for “Toothbrushes, shaving brushes, hair brushes, nail brushesOther: Valued over 40 cents each, Other.” The rate of duty will be 0.2 cents each plus 3.6 percent ad valorem. The rate of duty for 2004 will be 0.3 cents each plus 3.6 percent ad valorem.

The “Ramie Bath Glove” is constructed of 100 percent Ramie. It measures approximately 5” x 8”.

The applicable subheading for the glove will be 6307.90.9889, HTS, which provides for other made up articlesOther. The rate of duty will be 7 percent ad valorem. The rate of duty for 2004 will be the same.

The “Sewing Kit” (Item #89524S) consists of six sewing needles, two buttons, a small safety pin, and six lengths of thread packed in a plastic box measuring approximately 1 ½” x 3”.

The applicable subheading for the sewing kit will be 9605.00.0000, HTS, which provides for personal toilet, sewing, or shoe or clothes cleaning (other than manicure or pedicure sets of heading 8214). The rate of duty will be 8.1 percent ad valorem and will remain unchanged in 2004.

The “Facial Brush” measures approximately 6 inches in length and is made of plastic with nylon bristles.

The applicable subheading for the brush will be 9603.29.4090, HTS, which provides for “Toothbrushes, shaving brushes, hair brushes, nail brushesOther: Valued not over 40 cents each, Other.” The rate of duty will be 0.2 cents each plus 7 percent ad valorem. The rate of duty will be the same for 2004.

Regarding the “Nail Files”, (item #85041A-2, we need additional information in order to issue a ruling. Please submit the additional information indicated below:

Please indicate whether or there is an abrasive powder or grain coated on or impregnated into the article. Please indicate the precise chemical or geological name of this abrasive powder or grain. In addition, please indicate the material(s) which comprise the body of the nail file.

The “Bath Pillow” (Item #89517) is a square bath pillow that is comprised of a pillow form and a textile cover. The cover is made from a 100 percent cotton terry fabric. The cover features a zipper type closure. The words “Bath Pillow” are embroidered on the front side of the cover. There are two loops affixed to the back portion of the cover used to attach suction cups. The outer shell of the pillow form is made from plastic and it is stuffed with a fiberfill.

The applicable subheading for the pillow will be 9404.90.1000, HTS, which provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, cushions, pouffes, and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular fiber or plastics, whether or not covered: pillows, cushions, and similar furnishings: of cotton. The duty rate will be percent ad valorem. The duty rate for 2004 will be 5.3 percent ad valorem.

Items classified in HTS 9404.90.1000 fall within category 369. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

Regarding questions 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.

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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