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NY K84494





March 29, 2004
CLA-2-96:RR:NC:SP:233 K84494

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 4202.92.4500; 3924.90.5500; 9615.11.1000; 9615.11.3000; 9603.21.0000; 8212.10.0000; 9105.11.80; 8214.20.3000; 8203.20.2000; 9603.90.8050; 9605.00.0000

Ms. Jeanne Berg
AFI (California)
2381 Rosecrans Avenue, #100
El Segundo, CA 90245

RE: The tariff classification of a Men’s 3-pc Travel Kit and Shoe Cleaning Kit from China.

Dear Ms. Berg:

In your letter dated March 19, 2004, on behalf of Living Things Mfg. Co., you requested a tariff classification ruling.

The submitted sample is a Men’s Travel Kit and Shoe Cleaning Kit consisting of the following items:

100% nylon three zippered travel bag - imported empty Zippered PVC Bag that contains:
1 PVC snap-top bottle
1 PVC soap dish
1 PVC comb
1 PVC toothbrush
1 PVC toothbrush holder
1 razor
1 travel clock
1 toenail clipper
1 tweezer
Zippered PVC bag that contains:
2 shoe brushes (1 applicator and 1 polish)

The three bags will be bound together and sold as one complete kit.

Classification is claimed under subheading 9605.00.0000, Harmonized Tariff Schedule of the United States (HTS) covering travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure or pedicure sets of heading 8214). The travel clock is not an item for personal toilet, sewing or shoe or clothes cleaning, therefore, the Men’s 3-pc Travel Kit and Shoe Cleaning Kit is precluded from classification in subheading 9605.00.0000. Each article will be individually classified. You have also requested a ruling on the kit if imported without the clock.

The applicable subheading for the 100% nylon three zippered travel bag 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 17.6% ad valorem.

Items classified in HTS 4202.92. 3031 fall within 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.

The applicable subheading for the two PVC zippered bags will be 4202.92.4500, HTS, which provides for: “Travel, sports and similar bags: With outer surface of sheeting of plastic, Other.” The rate of duty will be 20% ad valorem.

The applicable subheading for the PVC snap-top bottle, the PVC soap dish and the PVC toothbrush holder 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 PVC comb, if valued not over $4.50 per gross, will be 9615.11.1000, HTS, which provides for “Combs, hair-slides and the like Of hard rubber or plastics: Combs: Valued not over $4.50 per gross.” The rate of duty will be 14.4 cents per gross plus 2% ad valorem.

The applicable subheading for the PVC comb, if valued over $4.50 per gross, will be 9615.11.3000, HTS, which provides for “Combs, hair-slides and the like Of hard rubber or plastics: Combs: Valued over $4.50 per gross: Other.” The rate of duty will be 28.8 cents per gross plus 4.6% ad valorem.

The applicable subheading for the PVC toothbrush will be 9603.21.0000, HTS, which provides for “Toothbrushes, including dental-plate brushes.” The rate of duty will be free.

The applicable subheading for the razor will be 8212.10.0000, HTS, which provides for “Razors and razor blades (including razor blade blanks in strips), and base metal parts thereof: Razors.” The rate of duty will be free.

The applicable subheading for the travel clock will be 9105.11.80, HTS, which provides for “Other clocks: Alarm clocks: Electrically operated: Other.” The rate of duty will be 30 cents each plus 6.9 percent on the case plus 5.3 percent on the battery.

The applicable subheading for the toenail clipper will be 8214.20.3000, HTS, which provides for “Manicure or pedicure sets and instruments (including nail files), and parts thereof: Cuticle or cornknives, cuticle pushers, nail files, nailcleaners, nail nippers and clippers, all the foregoing used for manicure or pedicure purposes, and parts thereof.” The rate of duty will be 4% ad valorem.

The applicable subheading for the tweezer will be 8203.20.2000, HTS, which provides for tweezers. The rate of duty will be 4% ad valorem.

The applicable subheading for the shoe brushes (1 applicator and 1 polish) will be 9603.90.8050, HTS, which provides for “Brooms, brushesOther.” The rate of duty will be 2.8% ad valorem.

The applicable subheading for the Men’s 3-pc Travel Kit and Shoe Cleaning Kit, if imported without the clock, will be 9605.00.0000, HTS, which provides for “Travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure and pedicure sets of heading 8214).” The rate of duty will be 8.1% ad valorem.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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