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NY 818857

February 16, 1996

CLA-2-42:RR:NC:WA:341 818857


TARIFF NO.: 4202.12.8070

Mr. Robert L. Follick, Esq.
Follick & Bessich, P.C.
Attorneys At Law
225 Broadway, Suite 500
New York, NY 10007

RE: The tariff classification of unfinished luggage from Korea, China and/or Sri Lanka.

Dear Mr. Follick:

In your letter dated January 29, 1996, on behalf of Seil Co., Ltd. of Korea, you requested a classification ruling for unfinished luggage.

You have requested a classification of articles described as luggage components. The samples submitted are the left and right sides of a vertical suitcase. The article said to be the top side is complete with utility pockets. Each sample is said to be imported in separate shipments. The articles each consist of an outer surface of man-made textile materials.

Classification for this type of merchandise is subject to GRI 2. GRI 2(b) states that any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled. We consider this merchandise to be incomplete or unfinished luggage in accordance with GRI 2(b). Since heading 4202 specifically provides for luggage, classification therein is appropriate.

Your samples are being returned as you requested.

The applicable subheading for the unfinished luggage of man-made textile material will be 4202.12.8070, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases and similar containers, with outer surface of plastics or of textile materials, other, other, of man-made fibers. The duty rate will be 19.5 percent ad valorem.

Items classifiable under 4202.12.8070 fall within textile category designation 670. Based upon international textile trade agreements products of Korea, China and Sri Lanka are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, 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 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 212-466-5893.


Roger J. Silvestri

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