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NY K87332




July 1, 2004
CLA-2-42:RR:NC:TA:341 K87332

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Meg Oddy
NEOS Overshoe
208 Flynn Avenue, Studio 3F
Burlington, UT 05401

RE: The tariff classification of a stuff sack from China.

Dear Ms. Oddy:

In your letter dated June 16, 2004, you requested a classification ruling for a stuff sack.

The sample submitted is not identified by style number. The item is a stuff sack designed to contain personal effects during travel. It is manufactured of nylon man-made fiber textile material with a drawstring cord closure. It measures approximately 16”(H) x 12”(W). Your sample is being returned as requested.

In your letter you suggested classification under subheading 6307.90.9889, HTSUSA, which provides for other made up articles of textile, other. However, the stuff bag is of a kind eo nomine provided for in HTS 4202, and is more specifically provided for in that heading. Such goods are excluded from heading 6307 by legal note.

Heading 4202 includes goods known as travel, sports and similar bags. The instant item is a drawstring travel bag and is similar to the goods of heading 4202.

The applicable subheading for the stuff sack will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.3031 falls 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.

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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