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NY C81206

November 18, 1997

CLA-2-42:RR:NC:TA:341 C81206


TARIFF NO.: 4202.92.9025

Mr. Mike Stewart
World Commerce Services, Inc.
830 Dillon Drive
Wood Dale, IL 60191

RE: The tariff classification of a trunk bag from China.

Dear Mr. Stewart:

In your letter dated October 14, 1997, on behalf of Kingport International, you requested a classification ruling for a trunk bag.

The sample submitted is identified as item CBB2-BK, Trunk Bag. The article is a specially shaped and fitted container designed to contain automobile accessories such as maps, tire gauge, first aid kit and other emergency road side items. It is manufactured of man-made textile materials. The container is closed on three sides by a zipper closure. It has a carry handle on the top. The accessories are not imported concurrently with the carrying case nor in the same shipment.

Classification of containers similar to item CBB2-BK is subject to The Court of Appeals for the Federal Circuit. Appeal number 95-1125, 69 F. 3rd 495, October 24, 1995, 18 CIT 919(1994) as published in the Customs Bulletin vol. 24, Number 42, October 19, 1994.

The applicable subheading for the trunk bag of man-made textile materials will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other bags and containers, with outer surface of textile materials, other, other, other, of man-made fibers. The duty rate will be 19.3 percent ad valorem.

The trunk bag falls within textile category designation 670. Based upon international textile trade agreements products of 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.


Robert B. Swierupski

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