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August 23, 1999

CLA-2-42:RR:NC:341:E85343

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.90.2000; 4202.32.9550; 4202.92.3031

Mr. Richard Eng
WTS Customs Brokerage Co., Inc.
8901 S. La Cienega Blvd., Suite 110
Inglewood, CA 90301

RE: The tariff classification of a novelty coin purse, novelty utility bag, and novelty cushion from China.

Dear Mr. Eng:

In your letter dated July 10th, 1999, on behalf of Angel Toy Corporation, you requested a classification ruling for a novelty coin purse, utility bag, and cushion.

The samples submitted with your request are identified as item #9045M, "Stuffed Animal Cushion"; and items #9084 and 9053, "Stuffed Animal Pouch". Item #9045M is a circular cushion that measures 12" in diameter and is stuffed with a polyester filler. The cushion has an outer shell that is made from man-made fiber knit pile fabric. A sculpted mouse design is featured on the front exterior of the cushion. Item #9053 is a zippered coin purse constructed of man-made fiber designed in the shape of a plush bee. The zippered purse is 3" wide by 3" deep. Item #9084 is a zippered utility pouch, constructed of man-made fiber, which has the features of a bear on the exterior. The case features a clear plastic window in the middle of the torso and the plush face. The tail consists of a plush ball affixed to the zipper pull. The feet are made of a plush ball affixed to the torso by means of a cord.

The applicable subheading for item #9053 will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or handbag¬with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 18.8% ad valorem.

The applicable subheading for item #9084 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The duty rate will be 18.8% ad valorem.

The applicable subheading for item #9045M will be 9404.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for mattress supports, articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered, other, pillows, cushions and similar furnishings, other. The duty rate will be 6% ad valorem.

Items classifiable under HTS subheadings 4202.32.9550 and 4202.92.3031 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.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.

Sincerely,

Robert B. Swierupski
Director,

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