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NY L83926




April 15, 2005

CLA-2-42:RR:NC:TA:341 L83926

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8030

Ms. Yolanda S. Massey
Michaels Stores Procurement Company, Inc. 8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of occupational luggage cases from China.

Dear Ms. Massey:

In your letter dated April 1, 2005, you requested a classification ruling for occupational luggage cases.

You have submitted two samples with your request identified as styles M01 “Travelmate Scrap Tote” and M04 “Large Wheeled Tote”. The items are occupational luggage cases designed with various size interior and exterior pockets to accommodate everything from full scrapbooks to small embellishments, stamps and other related articles. Each case includes a 12” x 12” removable paper/photo organizers, multiple pen/scissor loops, cutter storage pockets and a variety of pockets with secure closures. Style M04 measures approximately 17” x 20” x 14”, has wheels, a telescopic handle and is collapsible for easy storage. Style M01 measures approximately 17” x 15” x 5.5”, can be carried by means of double shoulder strap and has a built-in strap, which allows it to securely ride on top of the wheeled tote. Both items are manufactured with an exterior surface of man-made fiber textile materials. The top of each bag is secured by means of a textile zippered closure on three sides of the case. Your samples are being returned as requested. The applicable subheading for the styles M01 and M04, the occupational luggage cases, will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for attaché cases, brief cases, school satchel, occupational luggage cases and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

HTS 4202.12.8030 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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