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NY L83558




April 7, 2005

CLA-2-63:RR:NC:N3:351 L83558

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 4205.00.8000, 4205.00.6000, 4202.92.3031, 4202.91.0030

Carol Jones
Compliance Officer
Polardreams International
1100 North 4th Street
Fairfield, IA 52556

RE: The tariff classification of packaging containers from China

Dear Ms. Jones:

In your letter dated March 29, 2005, you requested a tariff classification ruling.

The three items in question are containers that, you indicate, when sold, will be filled with bath and body products; however, they will be imported empty. The containers are identified as Part Numbers 09359, 08602, and 09753. You state that 09359 and 08602 will be made of a plastic synthetic leather, genuine leather, and polyester faux suede.

Number 09359 is round and measures approximately 9” high and 15” in diameter. It has a handle, which, when up, rises 6¼” above the rim of the container.

The applicable subheading for 09359, if constructed of polyester, will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for 09359, if constructed of leather, will be 4205.00.8000, HTS, which provides for other articles of leather or of composition leather: other: other. The rate of duty will be Free.

The applicable subheading for 09359, if constructed of reptile leather, will be 4205.00.6000, HTS, which provides for other articles of leather or of composition leather: Other: Of reptile leather. The rate of duty will be 4.9 percent ad valorem.

Number 09753 measures 11” tall, 12” wide, and 4” deep. It has two handles, one on either side of the width. It will be made of faux suede (polyester) and lined with faux sheepskin (polyester) or may be made of genuine suede and lined with genuine sheepskin.

The applicable subheading for 09753, if constructed of polyester, 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 rate of duty will be 17.6 percent ad valorem.

HTS 4202.92.3031 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 www.otexa.ita.doc.gov.

The applicable subheading for the Number 09753 container, if constructed of genuine suede leather, will be 4202.91.0030, HTS, which provides for travel, sports, and similar bags, with outer surface of leather, of composition leather, or of patent leather. The duty rate will be 4.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Part Number 08602. Your request for a classification ruling should include a sample of the plastic version and the polyester version. When these are available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include a copy of this letter.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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