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NY M81933




May 1, 2006

CLA-2-42:RR:NC:TA:341 M81933

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a waterproof bag for electronic device from China.

Dear Ms. Greener:

In your letter dated March 31, 2006, you requested a classification ruling for a waterproof bag.

The sample submitted is identified as item 022-1499. It is a waterproof bag wholly made-up of a man-made fiber textile fabric that is coated on the interior surface with plastics. The bag has a specially adapted plug and is specially shaped and designed so that an electronic device can be carried within. Although you have requested classification with the tariff provision for travel, sport and similar bags, articles that are specially shaped and fitted for a particular article or device are more specifically provided in the provision for other containers and cases. Your sample is being returned as requested.

The applicable subheading for the toiletry bag will be 4202.92.9026 Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem

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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