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NY 886054




May 27, 1993

CLA-2-42:S:N:N6:341 886054

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030; 6117.80.0010; 6302.60.0020

Mr. John A. Slagle
Wolf D. Barth Co., Inc.
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of a carry case from China, and a terry wrap and a duffel bag with towel attached from Fiji Islands.

Dear Mr. Slagle:

In your letter dated May 7, 1993, on behalf of Enterprise Manufacturing Co., you requested a tariff classification ruling for a carry case, a terry wrap and a duffel bag with towel attached.

You have submitted two samples with your request. They are as follows:

The first item, described as a "Rap Pak with towel in a tube", is a carry case containing a cotton terry wrap designed for use at the beach. The case is composed of an outer surface of nylon. The interior is designed with pockets to contain personal accessories, such as, a small tape player, tapes, sun block cream, valuables, etc.. The pockets are secured by means of plastic flaps with hook and loop fasteners. There is a webbed textile shoulder strap designed to be worn on the shoulder. The case is secured by means of two hook and loop fasteners.

The cotton terry cloth wrap is designed to be used after a shower or after swimming. It has elastic at the back of the waistband and it fastens at the side with a hook and loop fastener. There is a pocket on the right hand lower portion of the garment.

You have indicated that in addition to being sold as a unit, the carry case and terry cloth wrap will be imported and sold separately. You have also requested the proper classification for each situation. The classification for the cotton terry wrap, whether imported and sold with the carry case or separately, will be the same.

The second item, described as a "Tote 'N Towel", is a duffel bag with a towel attached, similar to a beach towel in design. The duffel bag is made of 100% cotton. The towel is made of 100% cotton terry. The bag has a drawstring closure to secure the towel inside the bag. The bag is designed to contain the towel. It has an exterior pocket with a zipper closure and webbed straps to enable one to carry it like a backpack. The pocket has an emblem sewn to it. The item in question is essentially a towel and will be classified accordingly.

Your samples are being returned as you requested.

The applicable subheading for Item #1, the carry case of nylon, will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), 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 20 percent ad valorem.

Items classifiable under 4202.92.3030 fall within textile category designation 670. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

The applicable subheading for Item #1, the terry cloth wrap of cotton, whether imported with the carry case or separately, will be 6117.80.0010, HTS, which provides for Other made up accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories, of cotton. The duty rate will be 15.5 percent ad valorem

The applicable subheading for Item #2, the "Tote 'N Towel" of 100% cotton terry fabric as a composite, will be 6302.60.0020, HTS, which provides for Bed linen, table linen toilet linen and kitchen linen: Toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton... Towels: Other. The duty rate will be 10.3 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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