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NY L88050




October 13, 2005

CLA-2-42:RR:NC:TA:341 L88050

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Anthony Paolino
Thomas R. Greco CHB
265 East Merrick Road, Suite 102
Valley Stream, NY 11580

RE: The tariff classification of a travel toiletry bag from China.

Dear Mr. Paolino:

In your letter dated October 3, 2005, on behalf of Brazabra Corp., you requested a tariff classification ruling for a travel toiletry bag.

The sample submitted is not identified by style number. The item is a travel bag designed to contain toiletries and other small personal effects during travel. It is manufactured wholly of clear polyvinyl chloride (PVC) sheeting. It measures approximately 7 ½” (W) x 7”(H) x 2 ½”(D). The top of the bag is secured by means of a textile zippered closure.

You have suggested classification with the tariff provision HTS 3923 that provides, in part, for articles for the conveyance of packing of goods of plastics. Goods classifiable in heading 4202 are excluded from classification in heading 3923 by Chapter 39 exclusion note 2(ij). The instant item is classifiable in heading 4202, therefore it is not classifiable in subheading 3923, HTS.

The applicable subheading for the travel toiletry bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem.

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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