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NY F83618

March 21, 2000

CLA-2-90:RR:NC:MM:114 F83618


TARIFF NOS.: 9004.10.0000; 4202.32.9550

Mr. Stacy Bauman
American Shipping Company Inc.
140 Sylvan Avenue
Englewood cliffs, NJ 07632

RE: The tariff classification of sunglasses from France and pouches from China

Dear Mr. Bauman:

In your letter dated February 17, 2000, on behalf of Lantis Eyewear Corporation, Moonachie, New Jersey, you requested a classification ruling on sunglasses and drawstring pouches. You submitted a sample of the sunglasses and of the pouch. We are returning your samples as you requested.

The sunglasses consist of a pair of wrap-around sunglasses. No information is furnished regarding the composition of the one-piece lens or the frame. The sunglasses are Reebok brand sunglasses. They are marked on one temple with the model name which is “Turbo”. The other temple is marked with the words “Reebok” and “Frame France”.

The drawstring micro fiber pouch, which you refer to in your letter as a sunglass case, is stated to be composed of 55 percent polyester and 45 percent nylon. The pouch has the words “The Limited” printed on the outside surface. The pouch is rectangular in shape, approximately 8 inches in length by 3 ¾ inches in width and contains a drawstring closure. You indicate that the pouch is assigned style number LIM01. You state in your letter that the pouch will be imported together with the sunglasses in the pouch.

The sunglasses and the micro fiber drawstring pouch are separately classified for tariff purposes. The pouch is generally shaped to contain spectacles; however, it is not specially shaped or fitted for a particular pair of spectacles, nor is it normally sold therewith.

The applicable subheading for the sunglasses will be 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles and the like, corrective, protective or other; sunglasses. The duty rate will be 2 percent ad valorem.

The applicable subheading for the micro fiber pouch will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacle cases, of textile materials, of a kind normally carried in the pocket or in the handbag, with outer surface of textile material, other, of man-made fibers. Subheading 4202.32.9550 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.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 Barbara Kiefer at 212-637-7058.


Robert B. Swierupski

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