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NY G83409




October 30, 2000

CLA-2-42:RR:NC:TA:341 G83409

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 4202.92.6091; 4202.92.9060

Ms. Janet L. Telles
Smith International Enterprises, Ltd.
20600 Chagrin Blvd., Suite 200
Shaker Heights, OH 44122

RE: The tariff classification of a carrying case from China.

Dear Ms. Telles:

In your letter dated October 17, 2000, you requested a classification ruling for a carrying case.

Style number does not identify the sample submitted. The item is a fitted carrying case for automobile accessories, owner’s manual and an umbrella. The sample submitted is manufactured of 100 percent polyester woven fabric. However, you have also requested the proper classification for the same item if manufactured of cotton canvas and/or PVC plastic sheeting. The interior of the case is fitted with two storage pockets (one hook and loop fastener and one zippered), an umbrella sleeve and a pocket for the manual and other papers. You have stated that upon importation the carrying case will include an umbrella and ballpoint pen. Your sample is being returned as requested

We are unable to issue a classification ruling for the umbrella and ballpoint pen. Your request for a classification ruling should include an actual sample of the items as being imported.

The applicable subheading for the carrying case of polyester will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, other, of man-made fibers. The duty rate will be 18.6 percent ad valorem.

The applicable subheading for the carrying case, if of cotton canvas, will be 4202.92.6091, HTS, which provides in part, for other bags and containers, with outer surface of textile materials, other, of cotton, other. The duty rate will be 6.7 percent ad valorem.

The applicable subheading for the carrying case, if of PVC plastic sheeting, will be 4202.92.9060, HTS, which provides in part, for other bags and containers, with outer surface of sheeting of plastic, other, other, other, other. The duty rate will be 18.6 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. HTS 4202.92.6091 falls within textile category designation 369. 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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