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NY K87722

July 29, 2004
CLA-2-42:RR:NC:TA:341 K87722


TARIFF NO.: 4202.12.4000

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a wheeled suitcase from China.

Dear Ms. Wierbicki:

In your letter dated July 21, 2004, on behalf of Tara Toy, Corporation, you requested a classification ruling for a wheeled suitcase.

The submitted sample is identified as Barbie™ “Princess and the Pauper Take Along”, item #78616. The item is a suitcase with telescopic handle and wheels designed to contain dolls and accessories in addition to other personal effects. The front and back panels as well as the bottom portion of each side gusset panel is constructed of a textile material said to be composed of 55% cotton and 45% polyester. The remaining top portion of each side gusset panel is constructed of 100 percent polyester man-made textile material. The suitcase is essential character of the chief weight cotton material. The interior features a textile-lined single compartment with eight elasticized loops within the lid and a molded plastic holder on the opposite side. It measures approximately 10.5”(W) x 13”(H) x 6”(D). Your sample is being returned as requested.

The applicable subheading for the wheeled suitcase will be 4202.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases and similar containers, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

HTS 4202.12.4000 falls within textile category designation 369. 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.


Robert B. Swierupski

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