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NY K85614




May 11, 2004
CLA-2-42:RR:NC:TA:341 K85614

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0050; 4202.12.8070; 4202.92.3031

Ms. Donna F. Van Aernam
Swany America Corp.
115 Corporate Drive
Johnstown, NY 12095

RE: The tariff classification of a combination chair/travel bag, Pullman suitcases and travel bag from China.

Dear Ms. Van Aernam:

In your letter dated April 26, 2004, you requested a classification ruling.

You have submitted four samples from your EZ Swany luggage division identified as style numbers S/#32912 (39612), S/#00920, S/#28002 and S/#01910.

Style S/#32912 (939612), described as “Stick Chair Cart”, consists of a cart like frame with folding seat, detachable pack, retractable handle and wheels manufactured with an exterior surface of man-made fiber textile material. Neither component imparts the essential character of the item. Therefore according to General Rule of Interpretation 3(c) HTSUSA, the item is classified according to the HTSUSA number that appears last in the tariff. The classification will be according to the metal component of the chair.

Style /#00920 and S/#28002, described as “Quilted Luggage Bag” and “Handle Sack Utility Bag”, are Pullman type suitcases with telescopic handles and wheels designed to contain clothing and other personal effects during travel. Both items are manufactured with an exterior surface of man-made fiber textile materials. They measure approximately 15” x 12” x 8” and 8” x 12” x 6”.

Style S/#01910, described as “Handle Shoulder Bag”, is a travel bag designed to contain clothing and other personal effects during travel. It is manufactured with an exterior surface of man-made fiber textile material. The bag has double carrying handles and a removable shoulder strap. It measures approximately 13” x 17” x 6”.

The applicable subheading for style S/#32912, the combination chair/suitcase, will be 9401.79.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Seats, whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other, Other: Other. The duty rate will be Free.

The applicable subheading for styles S/#00920 and S/#28002, the Pullman suitcases, will be 4202.12.8070, HTS, which provides for trunks, suitcases and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for style S/#01910, the 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 duty rate will be 17.6 percent ad valorem.

HTS 4202.12.8070 and 4202.92.3031 falls 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.

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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