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April 13, 1999

CLA-2-42:RR:NC:341 E80038


TARIFF NO.: 4202.92.3031

Ms. Katherine Kaufman
Duet Incorporated
7204 Panorama Drive
Rockville, Maryland 20855

RE: The tariff classification for novelty waist bags from China

Dear Ms. Kaufman:

In your letter dated March 31, 1999, you requested a classification ruling for novelty waist bags.

The samples submitted are identified as "O'Pair," a pair of novelty waist bags connected by a retractable line. The waist bags are primarily designed for the transport of personal effects. They are made of 100% plush acrylic and are designed to simulate the plush face of a pig. An adjustable strap of nylon webbing with a tuck lock is permanently attached to each bag. A detachable retractable line allows the waist bags to be worn by a parent and child to keep the child from wandering off when they are walking in crowded areas such as airports or malls. Although the bags can be joined to connect one person to another, each is an independent waist bag: the articles are characterized by their use as carrying bags.

The applicable subheading for the novelty waist bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with an outer surface of textile materials, other, other, of man-made fibers, other. The duty rate will be 18.8% ad valorem.

HTS heading 4202.92.3031 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

Your sample is being returned as requested.

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 212-637-7091.


Robert B. Swierupski

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