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NY K80174




October 27, 2003

CLA-2-42:RR:NC:3:341 K80174

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Steven Goodman
Chief Operating Officer
C/o Mobile Edge
22601 Old Canal Road
Yorba Linda, CA 92887

RE: The tariff classification of an eyewear pouch from China

Dear Mr. Goodman:

In your letter dated October 15th, 2003 you requested a tariff classification ruling.

The sample submitted is a soft eyewear pouch with drawstring. No style number has been provided. It is manufactured of a man-made textile material of 100 percent polyester fibers. The pouch measures approximately seven inches in height and three inches in width and has a drawstring closure at the top of the long side. It is assumed the pouch will be imported empty and not with the eyewear.

Heading 4202, HTSUSA, provides, in part, for “[t}runks, suitcases, vanity casesspectacle cases, binocular cases, camera casesand similar containersof leather or of composition leather, of sheeting plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper. Heading 6307, HTSUS, provides for “[o]ther made up articles” of textile materials. Section XI, Legal Note 1(1) excludes articles classifiable in heading 4202 from classification in heading 6307.

The applicable subheading for the eyewear pouch with drawstring will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of a kind normally carried in the pocket or in a handbag: With outer surfaceof textile materials: With outer surface of textile materials: Other, Other, Of man-made fibers”. The rate of duty will be 17.8 percent.

Items classified in HTS 4202.32.9550 fall within category designation 670. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

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.

Sincerely,

Robert B. Swierupski
Director,

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