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NY N012568




June 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Nohemy Valdivieso
Nohemy Customs Brokers, Inc.
11222 La Cienega Blvd. Suite 135
Inglewood, CA 90304

RE: The tariff classification of pouch from China

Dear Mr. Valdivieso:

In your letter dated June 7, 2007, you requested a classification ruling on behalf of your client Nelson Sports Company. The submitted sample will be returned as requested. In your letter, you also make reference to a toothbrush holder but it was not included with your request. We are only able to issue a ruling on the sample that was submitted.

The submitted sample is a pouch constructed with an outer surface of man-made textile material. No style number was provided. You have indicated that the intended use of the pouch is to carry chalk while participating in the sport of rock climbing. The interior of the pouch is lined with a man-made fiber material. There is a plastic ring sewn into the top of the pouch so as to keep it open. The pouch has a drawstring cord with a plastic clamp to keep the bag closed when the cord is pulled tight. The pouch also has an adjustable waist belt with a plastic closure.

The applicable subheading for the pouch will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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.

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/.

HTSUS 4202.92.9026 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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.

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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