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NY I86815

October 3, 2002

CLA-2-42:RR:NC:TA:341 I86815


TARIFF NO.: 4202.92.3091

Mr. Robert Wallace
Mid-America Overseas, Inc.
1180 McLester Street, Suite #7
Elizabeth, NJ 07201

RE: The tariff classification of a utility pouch with accessories from China.

Dear Mr. Wallace:

In your letter dated September 19, 2002, on behalf of Libretto Holdings LLC, you requested a tariff classification ruling.

The sample submitted is identified as “Olivia’s Pencil Case”, style OLKT-Q39. The item consists of a utility pouch measuring approximately 8”(L) x 3 ¾”(W) constructed of 65% wool and 35 percent viscose, a pencil, an eraser, a pencil sharpener and a ruler. The items are imported packaged together for retail sail as a set. Pursuant to General Rule of Interpretation GRI-3 (b), the utility pouch, pencil, eraser, pencil sharpener and ruler are considered to be a set. The utility pouch will impart the essential character of the set. Your sample is being returned as requested.

The applicable subheading for the style OLKT-Q39 as set will be 4202.92.3091, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, other. The rate of duty will be 18.1 percent ad valorem.

The utility pouch is subject to the Wool Products Labeling Act of 1939.

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 646-733-3041.


Robert B. Swierupski

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