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NY L87558




October 5, 2005

CLA-2-42:RR:NC:3:341 L87558

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 4823.90.6600; 9404.90.2000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of unassembled kits, jewelry box, trinket box, handbag and pillow from China.

Dear Ms Aldinger:

In your letter dated September 6, 2005, you requested a tariff classification ruling.

You have submitted samples of four separate kits, which are identified as part of an assortment identified as Rite Aid item 920198. Each kit is put up for retail sale ready for sale to the ultimate purchaser without additional repacking. Each kit consists of an unfinished article and the various accessories necessary to finish and decorate the article. The various other components and decorations consists of an assortment of beads, glitter, appliqués, tassels, textile covered paper sheeting, etc. Each item is considered to be an unfinished/unassembled article and classifiable as a finished good.

Item 19568, Denim Bag, a child ‘s handbag of denim Item 19569, a fitted Jewelry Box of paperboard with a textile covered exterior Item 19570, Pillow, of a knit man-made fiber outer cover and filled with polyester fiberfill. It measures approximately 10” x10” with a heart shaped photo frame on one side. Item 19571, Treasure Box, is a lidded box trinket wholly of paperboard not specially shaped or fitted.

Your samples are being returned as requested.

The applicable subheading for item 19569, jewelry box, will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for other containers and cases, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

The applicable subheading for item 19570, pillow, item 19570, will be 9404.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for other pillows, other. The rate of duty will be 6 percent ad valorem.

The applicable subheading for item 19571, Treasure Box, will be 4823.90.6600, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of coated paper or paperboard. The rate of duty will be free.

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.

Your inquiry does not provide enough information for us to give a classification ruling on item 19568, denim bag. Your request for a classification ruling should include a breakdown by generic name and by weight of the fiber content of the exterior fabric. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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