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NY E87716

October 12, 1999



TARIFF NO.: 4202.92.3031; 8513.10.2000

Ms. Maggie Smith
Coppersmith Inc.
434 Rozzi Pl.
So. San Francisco, CA 94080

RE: The tariff classification of a stuff bag and flashlight from China.

Dear Ms. Smith:

In your letter dated September 17, 1999, on behalf of Hill Design Group, you requested a classification ruling.

The samples submitted with your request are a stuff bag manufactured wholly of 100% nylon taffeta and a flashlight. (No style numbers were identified in your request). The stuff bag, described as "Monster Sack", is printed on one side with the words "trick or treat". The other side is printed with the words "Monster Sack" that are embellished by an eyeball and a black spider motif. Above these words is a three-dimensional four-finger hand that appears to be coming from inside the bag. The bag measures approximately 19 1/2" in height by 12 1/4" in width and is secured by a drawstring closure with a plastic jack-o-lantern pull. The flashlight is affixed to a metal split ring.

The bag is not classifiable within Chapter 95: it is not a three-dimensional representation of an accepted symbol for Halloween and is excluded from Chapter 95 by Chapter 95 Note 1 (d).

The applicable subheading for the stuff bag 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 material, other, other, of man-made fibers, other. The duty rate will be 18.8% ad valorem.

The applicable subheading for the flashlight will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; parts thereof, lamps, flashlights. The duty rate will be 12.5% 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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