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NY 889012

August 6, 1993

CLA-2-42:S:N:N6:341 889012


TARIFF NO.: 4202.92.3030

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
Counselors At Law
One Astor Plaza
1515 Broadway - 43rd FL
New York, NY 10036

RE: The tariff classification of rayon brocade pouches from Hong Kong and/or China.

Dear Mr. Stack:

In your letter dated August 4, 1993, on behalf of Frederick Worldwide Company, you requested a tariff classification ruling for article number B33110.

The sample submitted consists of a three piece set of pouches. The pouches appear to be intended to contain jewelry or other small personal effects. The pouches are each composed of an exterior surface of identical 100 percent rayon brocade fabric. Their size range from the smaller pouch measuring approximately 3 1/4" x 2 1/2" to the larger pouch measuring approximately 7 1/2" x 4 1/2". The two smaller pouches are secured by means of flaps with metal snap closures. The larger pouch is secured by means of a top zipper closure which secures the top lid on three sides . The pouches are not specially shaped or fitted to contain any particular article. The pouches appear to be primarily intended to contain jewelry although they are capable of containing any small personal effect. The smaller pouches are similar to a small coin purse. The larger pouch is of the type used to store articles in the home as well as during travel. When used as a jewelry pouch, a person would store, whether at home or when traveling, several pieces of jewelry in the larger pouch. The smaller pouches would be used to contain a specific item when taken from the larger and placed within a purse or pocketbook. You have stated that article B33110 will only be imported and sold at retail as a set. Your samples are being returned as you requested.

The smaller pouches are prima facie classifiable within Subheading 4202.32, Harmonized Tariff System of the United States, Annotated, (HTSUSA), which provides in part for articles of the kind normally carried in a handbag or the pocket. The larger pouch is prima facie classified within number 4202.92, HTSUSA, which provides for travel, sport and similar bags. Article B-33110 is therefore a "set" as provided by General Rule of Interpretation (GRI) 3(b) and the larger pouch imparts the essential character.

Article B33110 will be classified within tariff number 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 Hong Kong are subject to visa requirements. Products of China are subject to visa requirements and quota restraints.

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.


Jean F. Maguire
Area Director

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