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April 23, 1999

CLA-2-42:RR:NC:341 E80781


TARIFF NO.: 4202.92.9026

Mr. John Bachman
The Pet Post Inc.
1647 33rd Ave.
San Francisco, CA 94122

RE: The tariff classification of a Pet Carrier Bag from China

Dear Mr. Bachman:

In your letter dated April 13, 1999, you requested a classification ruling for a pet carrier bag.

The literature submitted, describes a "Klaw Kontrol"TM pet restraint carry bag. The item is a pet carrying bag manufactured of an exterior surface of 100% nylon textile materials. The bag is manufactured in three sizes, small, medium, and large. The bag has open ventilated panels on two sides with a top zippered closure. It is carried by means of two top handles. The item features two front zippers for front paws, an underside zipper for rear paws and an adjustable collar. The item is designed to be a carrying bag and a passive restraint for the pet.

The instant item appears to be substantially similar to that ruled upon in prior ruling request C81257, November 12, 1997 and NY 804677, October 2, 1994.

The applicable subheading for "Klaw Kontrol"TM of nylon textile materials will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for trunks, suitcases, holsters and similar containers with outer surface of textile materials, other, other, other of man-made fibers. The duty rate will be 18.8% ad valorem.

HTS heading 4202.92.9026 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.

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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