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NY F88409

June 20, 2000



TARIFF NO.: 4202.92.6091

Ms. Kathy Brennan
Eddie Bauer
P.O. Box 97000
Redmond, Washington 98073

RE: The amendment of NY ruling F87118.

Dear Ms. Brennan:

In your letter dated June 3rd, 2000, you requested an amendment to NY ruling F87118, which was issued to you on May 24th from this office. You have brought to our attention that the incorrect duty rate was stated. The correct duty rate is 6.7% ad valorem, rather than 18.6% ad valorem as stated in ruling NY F87118. All other information in the original ruling remains the same.

In your letter dated May 15th, 2000 you requested a classification ruling.

The sample submitted with your request is identified as style #074-1210, "Office On the Go". The item consists of a zippered case that contains: a stapler, note pad, pen, calculator, scissors, ruler, and a plastic container that holds staples, tacks, paper clips, and clip pins. Each item is secured in the case by a leather pocket or band. The zippered case has an exterior surface of 100% cotton canvas with leather trim.

Style #074-1210 will be imported packed ready for retail sale and is considered a set. The zippered case imparts the essential character: it is specifically designed to hold or contain the articles therein and the articles and the case are intended to be used together or in conjunction with one another to complete various office work.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), 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.

The applicable subheading for #074-1210 will be 4202.92.6091, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity casesother, of cotton, other. The duty rate will be 6.7% ad valorem.

Items classifiable under HTS subheading 4202.92.6091 fall within textile category designation 369. Based upon international textile trade agreements products of India are subject to 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 this supplement and the original ruling letter should be attached to the entry documents filed at the port this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Robert B. Swierupski

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