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NY I87470

October 23, 2002

CLA-2-62;42:RR:NC:TA:358 I87470


TARIFF NO.: 6208.91.1020; 4202.92.4500

Alice Wagner
FedEx Trade Networks
Transport & Brokerage
128 Dearborn Street
Buffalo, NY 14207

RE: The tariff classification of a coverup and its carrying case from China

Dear Mrs. Wagner:

In your letter dated October 14, 2002, written on behalf of Rody & Company Marketing Inc., you requested a classification ruling.

The submitted sample of wearing apparel, “Animal Friends Cover-Up”, manufactured from woven terry of 92% cotton/8% polyester, is a sleeveless, one-piece garment, poncho-styled, and hooded. Inserted into the upper edge of the hood is ornamentation in the form of a stuffed pig.

A re-useable, rectangular, zippered, carrying bag with handles, of polyvinyl chloride, approximately twelve inches by eight inches by five inches, is used to package the garment.

As you have requested, the samples are being returned.

The applicable subheading for the coverup will be 6208.91.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’bathrobes, dressing gowns and similar articles, other, of cotton, girls’; and for the plastic bag will be 4202.92.4500, which provides for travel, sport and similar bags, without a surface of sheeting of plastic or of textile materials, other. The duty rates will be 7.7 and 20 per cent ad valorem, respectively.

The coverup falls within textile category designation 350, but the bag does not fall within a textile category. 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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