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NY M87569




November 22, 2006

CLA-2-42:RR:NC:N3:341 M87569

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 3924.90.5500, 7323.99.9060, 8513.10.4000, 9105.91.4000

Diane M. Mauceri
Uti, United States, Inc.
1 Johnson Road
Lawrence, NY 11559

RE: The tariff classification of a tote bag, a photo album, a soccer ball clock, an LED head lamp, and steel napkin holders from China

Dear Ms. Mauceri:

In your letter dated October 12, 2006, you requested a tariff classification ruling on behalf of your client, Innisbrook Wraps, of Greensboro, North Carolina. You submitted samples of a tote bag, a photo album, a soccer ball clock, an LED headlamp, and steel napkin holders.

The tote bag is constructed with an outer surface of man-made textile materials. It measures approximately 24”(W) x 12”(H) x 8”(D) and features an unlined main storage compartment, two carrying handles, a top flap that is secured with a snap, an interior pocket, and a top zippered opening.

The applicable subheading for the tote bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6% ad valorem.

HTSUS 4202.92.3031 falls within textile category designation 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

The photo album measures approximately 5”(W) x 6½”(H) x ¾”(D) and is secured by a strap that is held in place by a snap. The interior features twenty plastic sheet pages.

The applicable subheading for the photo album will be 3924.90.5500, HTSUS, which provides forother household articlesof plastics: other, other. The rate of duty will be 3.4% ad valorem.

The soccer ball clock is a battery-operated digital clock that consists of a plastic “soccer ball” that measures approximately 5½” in circumference with a rectangular shaped liquid crystal display unit attached to its top.

The applicable subheading for the soccer ball clock with liquid crystal display will be 9105.91.4000, HTSUS, which provides for other clocks, other, electrically operated, with opto-electronic display only. The rate of duty will be 3.9% ad valorem on the movement and case plus 5.3% ad valorem on the battery.

The LED head lamp is encased in plastic and measures approximately 2”(W) x 2”(H) x 1½”(D). A button is located on the top and, when pressed, produces either a steady or a blinking light. Three AAA batteries supply power. An adjustable elastic textile fabric band is attached to the back of the lamp. The back of the lamp also features a magnet.

The applicable subheading for the LED headlamp will be 8513.10.4000, HTSUS, which provides for portable electric lampsother. The rate of duty will be 3.5% ad valorem.

The four steel napkin rings feature two with star designs and two with snowflake designs. The ring portions are approximately 1½” in diameter and the snowflake and star portions measure approximately 2¼” x 2¼”.

The applicable subheading for the steel napkin rings will be 7323.99.9060, HTSUS, which provides for table, kitchen, or other household articles and parts thereof, of iron or steel, other, not coated or plated with precious metal, other, other. The rate of duty will be 3.4% ad valorem.

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/.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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