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NY J89913

November 19, 2003
CLA-2-42:RR:NC:3:341 J89913


TARIFF NO.: 4202.92.9026, 3926.90.9880, 6307.90.9889, 9603.90.4000, 7009.92.1000

Mr. Ted Youngs
Oro Design
503 W. Mt. Pleasant Ave.
Philadelphia, PA 19119

RE: The tariff classification of an incomplete “sensual” travel kit from China

Dear Mr. Youngs:

In your letter dated October 11th, 2003 you requested a classification ruling.

The submitted sample is identified as a “sensual” travel kit. You have indicated that it will be a product of China. As presented for a Ruling decision, the kit includes a fitted carrying case containing a lycra or jersey eye mask, feather duster/tickler with plastic handle, a folding cased mirror of glass and a “cock ring” of silicone plastics. The carrying case is also designed to accommodate other unidentified articles and it is assumed those articles will be assembled within the kit subsequent to import. The carrying case is made-up of thermo molded EVA plastic and is wholly covered on the exterior with man-made fiber textile materials.

The applicable subheading for the fitted carrying case will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for other containers or cases, with outer surface of a sheeting of plastic or of textile materials, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 17.8 percent ad valorem.

The applicable subheading for “cock ring” the will be 3926.90.9880, HTS, which provides for articles of plastic, other .The duty rate will be 5.3 percent percent ad valorem.

The applicable subheading for the eye mask will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the feather duster/tickler with plastic handle will be 9603.90.4000, HTS, which provides for feather dusters. The rate of duty will be Free.

The applicable subheading for the folding pocket mirror with aluminum frame will be 7009.92.1000, HTS, which provides for glass mirrors, whether or not framed, including rear-view mirrors: framed: not over 929 cm2 in reflecting area. The rate of duty will be 7.8 percent ad valorem.

Goods classified in tariff number 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are not currently 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3041.


Robert B. Swierupski

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