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NY L80379




November 2, 2004

CLA-2-42:RR:NC:TA:341 L80379

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Bill Wratschko
Masterpiece International, LTD.
580 South Douglas Street
El Segundo, CA 90245

RE: The tariff classification of a travel pouch from China.

Dear Mr. Wratschko:

In your letter dated October 21, 2004, on behalf of California Exotic Novelties, you requested a classification ruling for a travel pouch.

The sample submitted is not identified by style number. The item is a pouch specially designed for a device such as a massager. It is designed for prolonged use and to provide storage, protection, organization and portability. The article is classifiable in Heading 4202. It is manufactured with an exterior of 100% man-made velour fabric. It measures approximately 12 ½”(H) x 6”(W). The top of the bag is secured by means of a flap with hook and loop fastener.

In your request you suggested classification under subheading 6307.90.9889, HTSUSA. Classification within Heading 6307 is subject to Section XI Legal Note 1 (1) wherein textile articles of Heading 4202 are excluded from any Heading of that section.

The applicable subheading for the pouch will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.9026 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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