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NY A85151

July 30, 1996

CLA-2-42:RR:NC:WA:341 A85151


TARIFF NO.: 4202.92.6090

Mr. Rick Mueller
A.H. Carter & Associates
1001 SW Klickitat Way - Ste 202
Seattle, WA 98134

RE: The tariff classification of a "NeckPak" from Hong Kong and/or China.

Dear Mr. Mueller:

In your letter dated July 1, 1996, on behalf of Kiwi Wind Products, you requested a classification ruling for a "NeckPak".

The sample submitted, identified as a "NeckPak", is a specially fitted padded pouch design to store/protect a saxophone mouthpiece and neck. The pouch is composed of an exterior surface of 100 percent cotton denim with an inner lining of cotton/polyester blend. The item measures approximately 11 1/2"(H) X 6 1/4"(W) and features two separate "Velcro" secured compartments; one for the mouthpiece and one for neck.

You have indicated that there are four versions that may be imported; Alto, Tenor, Baritone and the "New York Model". The first three models will have the divided padded compartments for the mouthpiece and neck same as the sample submitted. The "New York Model" will not have divided compartments. In this model the mouthpiece and neck will be placed inside as one unit.

The applicable subheading for the "NeckPak"(s) of 100 percent cotton denim will be 4202.92.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, camera cases and similar containers, with outer surface of textile materials, other, of cotton. The duty rate will be 7 percent ad valorem.

Your reference to the country of origin marking noted. Section 304 of the Tariff Act of 1930, as amended provides that, unless excepted, every origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. We recommend a sewn-in fabric label placed in a conspicuous location, such as near the inside top of the article.

Items classifiable under 4202.92.6090 fall within textile category designation 369. Based upon international textile trade agreements products of Hong Kong and China 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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