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NY L85011





June 6, 2005

CLA-2-42:RR:NC:TA:341 L85011

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.6091; 4202.92.9026

Ms. Gladys Diaz
Raia Customhouse Brokers & Freight Forwarders One Industrial Plaza Bldg. #D
Valley Stream, NY 11581

RE: The tariff classification of a pet carrier from China.

Dear Ms. Diaz:

In your letter dated May 12, 2005, on behalf of Enchante Accessories, Inc., you requested a classification ruling for a pet carrier.

A sample of style SP-8757 “Dog Carrying Bag” has been submitted. The item is a pet carrier measuring approximately 18” x 11” x 8” designed to contain a small pet. The carrier will be made up of either 100% cotton or 100% polyester textile materials. The bag features a top zipper closure with an end opening designed to permit the dog’s head to protrude. The bag body is padded and has a removable interior cushion. The bag has double woven carrying straps. Your sample is being returned as requested.

The applicable subheading for the pet carrier of 100% cotton will be 4202.92.6091, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for the pet carrier of 100% polyester will be 4202.92.9026, 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 4202.92.6091 falls within textile category designation 369. 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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