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NY K89779




October 20, 2004

CLA-2-42RR:NC:TA:341 K89779

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.99.9000

Ms. Julie Lewis
Jade Planet
3170 SW Raleighview Dr.
Portland, OR 97225

RE: The tariff classification of a toiletry bag from Brazil.

Dear Ms. Lewis:

In your letter dated September 16, 2004, you requested a tariff classification ruling for a toiletry bag.

The sample submitted is not identified by style number. The item is a toiletry bag of the kind named in Heading 4202, HTSUSA. It is mainly constructed of a compact natural rubber backed with a woven cotton fabric. The fabric is a textile material for tariff purposes. The exterior surface is of the rubber constituent material. The bag measures approximately 7 ½”(W) x 6”(H) x 4”(D) featuring a top zippered closure and a side carrying strap. Your sample is being returned as requested.

You suggest classification in subheading 4016.99.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of natural rubber. The toiletry bag is made of woven textile fabric laminated to natural rubber. This laminated material weighs approximately 951 grams per square meter. This type of construction meets the tariff definition of a rubberized textile fabric of chapter 59 (heading 5906) and not a rubber material of chapter 40.

The applicable subheading for the toiletry bag will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides, in part for, other containers and cases, other, other, other. The rate of duty will be 20 percent 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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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