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NY N007830




April 5, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 4202.92.4500, 6405.20.9060, 9404.90.2000, 3304.99.5000

Ms. Susan E. Albatal
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of travel bags with accessories from China

Dear Ms. Albatal:

In your letter dated March 1, 2007, you requested a classification ruling. Your samples are being returned to you.

The submitted samples, identified as styles A08C0676 and A08C0678, consist of tote bags, toiletry bags, shower gel, body lotion, body mist, and various other items. For tariff classification purposes, neither style will be classified as a set because each consists of a collection of items that do not relate to a single particular need or specific activity. They therefore do not constitute "goods put up in sets for retail sale," meaning that the individual components must be classified separately. Accordingly, we are listing the components of each product below, each followed by its applicable subheading in the Harmonized Tariff Schedule of the United States (HTSUS), immediately followed by the duty rate and tariff description. Each item will be classified separately in its appropriate heading.

The sample identified as style A08C0676 consists of a tote bag, a toiletry bag, slippers, shower gel, body lotion, and body mist.

The tote bag of style A08C0676 has double vinyl handles, an open top, and is constructed with an outer surface of quilted man-made textile fabric. It has a fur-like plush textile cuff around its opening. The tote bag is designed to provide storage, portability, organization, and protection to other personal effects during travel. The interior of the bag has a single textile-lined compartment with a zippered wall pocket. The tote bag secures with a magnetic snap. It measures approximately 12” (W) X 12” (H) X 4.5” (D).

The toiletry bag of style A08C0676 is constructed with an outer surface of quilted man-made textile fabric. It is designed to contain toiletries and other small personal effects during travel. It has a nylon coil zipper with a metal tab closure around its opening. The interior of the bag is textile-lined with no additional features. The toiletry bag measures approximately 7” (W) X 4.5” (H) X 3” (D).

The applicable subheading for both the tote bag and toiletry bag of style A08C0676 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 duty rate will be 17.6% ad valorem

The slippers of style A08C0676 are women’s closed-toe, open heel, house slippers for indoor use. They have a man-made textile material upper with a fur-like plush textile trim. The slippers also have a textile covered footbed insole, and a rubber/plastic outer sole to which a layer of textile fabric material has been attached.

Visual examination of the sole on this slipper, which we will presume is exclusively for indoor use, indicates that it consists of a unit-molded rubber/plastic to which a thin layer of textile material has been adhered to the external surface area in contact with the ground. We have determined that the constituent material of the outer sole of this indoor slipper is textile.

The applicable subheading for the women’s slipper will be 6405.20.9060, HTSUS, which provides for other footwear, with uppers of textile material and outer soles of other than rubber, plastics, leather or composition leather; in which the upper, by weight, predominately consists of other than vegetable fibers or wool (linings, accessories or reinforcements not included); for women. The rate of duty will be 12.5% ad valorem.

The applicable subheading for the body lotion of styles A08C0676 and A08C0678 will be 3304.99.5000, HTSUS, which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other: Other. The rate of duty will be free.

The sample identified as style A08C0678, consists of a travel bag, toiletry bag, neck pillow, shower gel, body lotion, and body mist.

The travel bag of style A08C0678 is constructed from two materials. The sides, portions of the back and portions of front are constructed of man-made jacquard textile fabric. The entire top, the entire bottom, and remaining portions of the sides are constructed of polyvinyl chloride (PVC) sheeting plastic. The travel bag provides storage, organization, protection and portability to personal effects during travel. It features one textile-lined interior compartment and has pockets on the front and side exterior of the bag. The travel bag has double handles designed to be carried by hand, or carried over the shoulder by means of a removable, adjustable shoulder strap. It measures approximately 12” (W) x 9”(H) x 7”(D).

The toiletry bag of style A08C0678 is constructed with an outer surface of polyvinylchloride (PVC) plastic sheeting. It is designed to contain toiletries and other small personal effects during travel. It has a nylon coil zipper with a metal tab closure around its opening. The interior of the bag is textile-lined with no additional features. The toiletry bag measures approximately 7” (W) X 4.5” (H) X 3” (D).

The applicable subheading for the travel bag and toiletry bag of style A08C0678 will be 4202.92.4500, Harmonized HTSUS, which provides for travel, sports and similar bags, with outer surface of plastic sheeting, other. The duty rate will be 20 percent ad valorem.

The neck pillow is made from 100 percent polyester fabric. It is stuffed with either polystyrene beads or polyester filler. This U-shaped pillow conforms to the neck. The principal use of the pillow is to provide support to the head and neck while resting or sleeping in a sitting position.

The applicable subheading for the neck pillow will be 9404.90.2000, HTSUS, which provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: other. The duty rate will be 6 percent 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/.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130.

HTSUS 4202.92.3031 falls within textile category 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.

Your inquiry does not provide enough information for us to give a classification ruling on the body mist included with styles A08C0678 and A08C0676. Your request for a classification ruling should include the ingredient list, the label, and the descriptive use. The product must have labels indicating product, weight, ingredient list, country of origin, and U.S. distributor. We also need additional information in order to provide a ruling on the shower gel included in styles A08C0678 and A08C0676. For the shower gel, please provide a list of all ingredients with CAS numbers. Please state if the product has an aromatic or modified aromatic surface active agent. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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. If you have any questions regarding the body mist, contact National Import Specialist Stephanie Joseph at 646-733-5268. If you have any questions regarding the body gel, contact Debra Wholey at 646-733-5034.

Sincerely,

Robert B. Swierupski
Director,

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