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NY L80420




November 8, 2004

CLA-2-42:RR:NC:TA:341 L80420

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Robert Hobby
The Hipage Company, Inc.
Freight & Customs Brokers
800 Tradport Blvd., Suite 811
Atlanta, GA 30320

RE: The tariff classification of a carrying case from Hong Kong.

Dear Mr. Hobby:

In your letter dated October 19, 2004, on behalf of Gameboard Distribution, Ltd., you requested a classification ruling for a carrying case.

The sample submitted is not identified by style number. The item is a carrying case of man-made fiber textile materials. It measures approximately 11” x 13” x 8”. The carrying case has a top handle and removable shoulder strap. The interior is fitted with foamed plastic blocks to protect and hold the contents. The case is specially designed to contain miniature figures of science fiction characters.

You have requested classification within chapter 95, HTSUSA as a game accessory. Chapter 95 is limited by Legal Note 1(d) that excludes the containers and cases of Heading 4202, HTSUSA from classification within the chapter. The tariff provision for “Accessories” is less specific than the provision for travel goods, Chapter 42. Therefore, classification within chapter 95 is precluded.

The applicable subheading for the carrying case 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 Hong Kong 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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