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NY M81782




March 28, 2006

CLA-2-42:RR:NC:3:341 M81782

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050; 4202.32.1000; 4202.32.4000

Mr. Miguel Rivera
C.H.B. Manager
American Cargo Express, Inc.
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of spectacle cases, totes and purses from China

Dear Mr. Rivera:

In your letter dated March 15, 2006, you requested a classification ruling. The request is on behalf of SAX North Atlantic Services.

You have submitted samples of spectacle cases identified as styles M11017 (HB4396), M10546 (HB4418), MI1031A (HB4408), M0055 (HB4407) and 70131 (HB4391). The samples will be returned as requested.

Item M11017, “Buckle Eyeglass Bag” is of a rigid paperboard base that is mainly covered with a cellular plastic sheeting that is laminated with a very thin layer of non-woven textile materials. The front panel only is of a printed fabric. The exterior surface of the case is mainly of a sheeting of plastics. The interior surface of the paperboard base is covered with a flocked fabric. The spectacle case has a net weight of 119 grams.

Item M10546, “SAX Eyeclutch” is mainly of a 100% cotton fabric not of a pile or tufted construction. It is a mini purse that is designed to carry small personal effects and accessories including spectacles. The clutch has double tubular handles covered with textile fabric and double “D” rings by which a shoulder strap is attached. The interior is closed by means of a nylon coil zipper and the interior has a satin lining. M0055, “Eyeglass Tote” is north-south design and sized primarily to contain a pair of spectacles. The exterior surface is wholly of 100% cotton fabric not of pile or tufted construction. The “Tote” has a single leather strap with lobster claw clasp. Item MI1031A, is a mini purse that is designed to carry small personal effects and accessories including spectacles and a cell phone. The exterior surface is wholly of 100% cotton textile materials. The interior is lined with man-made fiber textile material. The purse has a removable leather shoulder strap with lobster claw clasps and “D” rings. The purse has a flap closure with magnetic snap.

Item 70131 is a traditional metal clamshell type spectacle case wholly covered with 100% cotton textile materials not of pile or tufted construction. The case has double tubular min-handles that are covered with leather. The interior of the case has polystyrene shell top and bottom inserts that are lined with a flocked material.

The applicable subheading for item M11071 will be 4202.32.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of a kind normally carried in the pocket or the handbag, with outer surface of sheeting of plastics, of reinforced or laminated plastics. The duty rate will be $0.12 per kilogram and 4.6 percent ad valorem.

The applicable subheading M0055 and 70131 will be 4202.32.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of a kind normally carried in the handbag or the pocket with outer surface of textile materials, not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for items M10546 and MI1031A will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for HANDBAGS with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Tariff numbers 4202.32.4000 and 4202.22.8050 fall within textile category designations 369 and 670, respectively. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. 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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