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NY E86782

September 23, 1999



TARIFF NO.: 4202.92.3031

Ms. Helen L. Barr
Promotion Designs
120 E. 56th Street, Suite 1530
New York, NY 10022

RE: The tariff classification of a pouch from China.

Dear Ms. Barr:

In your letter dated September 10th, 1999, you requested a classification ruling for a pouch from China. Your request states Spiegel of Chicago is an interested party.

The sample submitted with your request, no style number identified, is a plush purse like pouch manufactured of polyester textile material. It is designed to provide storage, protection, organization and portability for small personal accessories such as jewelry, small lingerie, stockings, or toiletries. You have indicated that the pouches will not be sold at retail, but will be given away as gifts.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ยง1304), 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. In this case, the ultimate purchaser is the recipient of the gift. We recommend that the pouches be marked by means of a fabric label sewn into the side interior that reads "Made in China".

The applicable subheading for the pouch 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.

Items classifiable under HTS subheading 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.


Robert B. Swierupski

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