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NY L84069





May 13, 2005

CLA-2-39:RR:NC:N2:221 L84069

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 4202.92.3031

Mr. Ricardo V. Aguirre, Jr.
Inter-Jet Customhouse Brokers, Inc.
52 Fadem Road
Springfield, NJ 07081

RE: The tariff classification of a Slidepack and tote bag from Taiwan or China.

Dear Mr. Aguirre:

In your letter dated April 18, 2005, on behalf of Uniflex, Inc., you requested a tariff classification ruling.

Two samples were included with your request. The Slidepack is a plastic clip and track system for holding up to 50 plastic pharmaceutical sample bags. The track system is available in 6 inch and 9 inch widths, with either magnetic or adhesive backings. It is intended for use in medical offices. A clip of 50 merchandise type bags slides into the track. Individual bags can be pulled off the clip and given to patients to hold pharmaceutical information, samples and supplies. The bags, which will be manufactured in the United States, and the Slidepack track can be printed with marketing information to promote new drugs and other pharmaceuticals.

The second sample, identified as item MMT201616, is a double handled tote bag measuring 20 inches in width, 16 inches in height and 6 ½ inches in depth. The bag is made of nonwoven spunbonded polymer fabric and has stitched seams. The descriptive literature included with your request pictures these bags printed with advertising and promotional logos.

The applicable subheading for the Slidepack track will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the tote bag 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 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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