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NY L88378




November 16, 2005

CLA-2-42:RR:NC:TA:341 L88378

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale FL 33301

RE: The tariff classification of a novelty pouch from China.

Dear Mr. Crago:

In your letter dated October 19, 2005 you requested a classification ruling for a novelty pouch.

The sample submitted is identified as item C080JA02567, “Animal Pencil Case”. The item is a generic pouch resembling a bear. It is manufactured with an exterior surface of polyester man-made fiber textile material. The head, arms and legs are fiber filled and the torso forms the storage section. It measures approximately 12” x 3 and has a zipper closure. Your sample is being returned as requested.

The applicable subheading for the pouch will be 4202.92.3031, Harmonized Tariff Schedule of the United States (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.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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