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NY H83210




July 18, 2001

CLA-2-42:RR:NC:N3:341 H83210

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.6091; 4202.32.4000; 6307.90.9989

Mr. Thomas J. Garibaldi
Schmidt, Pritchard & Co., Inc.
9801 West Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of pad cover, cell phone cases, key case, wallets, and a fitted case from China.

Dear Mr. Garibaldi:

In your letter dated June 26th, 2001, you requested a ruling on behalf of Hugo Bosca Corporation on tariff classification.

The samples submitted with your request, all of which are made of an exterior surface of textile material of 63% cotton and 37% man-made fibers with leather trim, consist of the following:

Item 919/280 is a folder that is designed to hold a pad of paper and ID cards.

Items 564/280 and 563/280 are cell phone cases.

Item 295/280 is a carry case designed to hold keys.

Item 966/280 is a zippered carry case that is specially shaped and fitted to hold a palm pilot.

Item 968/280 is a zippered carry case that is primarily designed to hold a palm pilot but also has multiple credit card slots and open slots.

Item 631/280 is a zippered ticket holder that has multiple slots for travel tickets, and multiple credit card slots.

We are unable to issue a classification ruling on item 445/280 as a sample was not provided. Please submit a request for a classification ruling for the aforementioned item with a sample.

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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. We recommend that the statement “Made in China” be die-stamped in the interior of the items or that a fabric label that reads “Made in China” be sewn into the side interior of the items.

The applicable subheading for 919/280 will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns other. The general rate of duty will be 7 percent ad valorem.

The applicable subheading for 564/280, 563/280, 966/280, 968/280, and 631/280 will be 4202.92.6091, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases vanity casesother, cotton, other. The general rate of duty will be 6.6 percent ad valorem.

The applicable subheading for 295/280 will be 4202.32.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag of cotton. The general rate of duty will be 6.6 percent ad valorem.

Items classifiable under HTS subheadings 4202.92.6091 and 4202.32.4000 fall 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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