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NY L84786




May 18, 2005

CLA-2-42:RR:NC:TA:341 L84786

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8070; 4202.92.3031

Ms. Alicia Katsur
Pioneer International, Inc.
20 East Sunrise Highway
Valley Stream, NY 11581

RE: The tariff classification of a Pullman suitcase and various travel bags from China.

Dear Ms. Katsur:

In your letter dated May 5, 2005, on behalf of J. Marcus Wholesalers, Inc., you requested a classification ruling.

You have submitted four samples with your request identified as follows:

Style #22-42650-02-Pullman Suitcase.
Style #685413-31725-1-Ladies Tote/Shopping Bag on Wheels. Style #21-41650-01-Ladies Tote Bag.
Style #31-41650-03-Ladies Duffel Bag.

Each of the above mentioned items are manufactured with an exterior surface of polyester man-made fiber textile material. Their size ranges from approximately 12”(W) x 12”(H) x 4 ½”(D) to 20”(H) x 14”(W) x 6 ½”(D). Your samples are being returned as requested.

The applicable subheading for style #22-42650-02, the Pullman suitcase, will be 4202.12.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity 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.

The applicable subheading for style numbers 685413-31725-1(tote on wheels), 21-41650-01 (ladies tote) and 31-41650-03 (duffel 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 duty rate will be 17.6 percent ad valorem.

We are unable to provide a decision regarding style #42-41652-05 “Flight Case”. Your request for a classification ruling should include an actual sample of the item in condition as being imported. When this information is available, you may wish to resubmit your request for a classification ruling.

HTS 4202.12.8070 and 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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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