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NY L82064




February 11, 2005

CLA-2-42:RR:NC:TA:341 L82064

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Carole Shoemaker
Stonepath Logistics, Inc.
5025 Florence St., Unit B
Denver, CO 80238

RE: The tariff classification of a “Modular Hauler” trunk organizer from China.

Dear Ms. Shoemaker:

In your letter dated January 24, 2005, on behalf of Pacifica LTM, LLC, you requested a classification ruling.

The sample submitted is identified as item # 05-70107-08, “Modular Hauler System with 4 Cubes”. The item consists of one 4-cube hauler and 4 color-coded cubes. The cubes are designed to fit perfectly within the hauler be carried in the trunk of a vehicle to provide storage, protection, organization and portability for personal effects and accessories during travel. The hauler and cubes are manufactured of man-made fiber textile materials. The modular has top and sides carrying handles and the cubes are secured by means of a three-sided zippered closure, which allows the top of the cubes to be opened and fully accessible without needing to be removed from the master container. Your sample is being returned as requested.

You have suggested that the item is classifiable within one of the HTS Chapter 87 tariff provisions that provides for parts and accessories of motor vehicles. A substantially similar issue had been the subject of the Court of International Trade (CIT) civil action Totes, Inc. v. United States, 18 CIT 919 (1994), wherein the CIT found that classification within Heading 4202, HTS, is more specific than classification within the Chapter 87 provisions for parts and accessories. Therefore, classification within Chapter 87 is precluded.

The applicable subheading for item 05-70107-08, the “Modular Hauler System”, 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. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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