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June 18, 1999



TARIFF NO.: 4202.92.9226

Ms. Susan M. Maxwell
Max Merchandising
7260 North Cathedral Rock Road
Tucson, Arizona 85718

RE: The tariff classification of a generic holster case from China and Mexico.

Dear Ms. Maxwell:

In your letter dated May 23, 1999, you requested a classification ruling for a generic holster case from China and Mexico.

The sample submitted with your request is identified as an "Insulated Lip Balm Holder." The item is similar to a generic holster or cartridge case, not specially shaped or fitted. The external surface is constructed of 100% nylon textile material. The case is of a tri-fold design and is secured by a hook and loop closure on the top front flap. The front interior of the case has an open pocket. A neck strap of corded nylon webbing is permanently attached to the middle interior of the case.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ┬ž1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We suggest that a fabric label that reads "Made in China" or "Made in Mexico" be sewn into the side interior of the case.

The applicable subheading for the holster case will be 4202.92.9226, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for gun cases, holsters, and similar containers, other┬with outer surface of textile materials, other, of man-made fibers. The duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.92.9226 fall 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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