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NY 815391

October 13, 1995

CLA-2-42:R:N5:341 815391


TARIFF NO.: 4202.92.3030; 3926.90.7500

Ms. Candi Blankenship
Overseas Transport Company
355 Crawford St. - Suite 816
Portsmouth, VA 23704

RE: The tariff classification of "Stadium Cushion/Fanny Pack" from Hong Kong.

Dear Ms. Blankenship:

In your letter dated September 27, 1995, on behalf of Get 1 Marketing, you requested a classification ruling for a "Stadium Cushion/Fanny Pack".

You have submitted two samples for a classification ruling which consists of a nylon fanny pack with a PVC cushion inclosed and then if the items were imported separately.

The fanny bag is so designed so that the main pouch is inverted to hold the inflated pillow. This pouch is specially made to contain a personal effect, i.e., a pillow. There is a small zippered pocket on the top of the fanny bag. For classification purposes, the fanny bag and inflatable pillow imported together as a unit is considered to be a composite. The fanny bag will impart the essential character. Imported separately each item will stand on its own merits.

The applicable subheading for the fanny bag of nylon (with or without the inflatable pillow) 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 19.8 percent ad valorem.

The applicable subheading for inflatable pillow of PVC will be 3926.90.7500, HTS, which provides for other articles of plastic and articles of other materials of headings 3901 to 3914: Other: Pneumatic mattresses and other inflatable articles, not elsewhere specified or included. The duty rate will be 4.2 percent ad valorem.

Items classifiable under 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements products of Hong Kong 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 Section 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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