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NY L81355

December 8, 2004

CLA-2-42:RR:NC:TA:341 L81355


TARIFF NO.: 4202.92.3031

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale FL 33301

RE: The tariff classification of novelty travel pouch from China.

Dear Mr. Crago:

In your letter dated November 22, 2004, you requested a classification ruling for a novelty travel pouch.

The sample submitted is identified as item C068PA00364, “Animal Pencil Case”. The item is a generic travel pouch resembling a hippo designed to contain personal effects during travel. It is manufactured with an exterior surface of polyester man-made fiber textile material. It measures approximately 11” x 5” x 2.25” with a top zippered closure. You have indicated that the item will be imported in assorted designs including the hippo, cow, and lion. Your sample is being returned as requested.

In your letter you have suggested classification under subheading 9503.41.0000, HTSUSA, as toys representing animals: stuffed toys. For classification purposes the item is not considered to be a toy. The item is not designed to amuse but to be a fully functioning pouch to provide storage, protection, organization and portability to personal effects. Therefore, the item is more specifically provided for in heading 4202.92.3031, HTS, as a travel, sports and similar bag and will be classified accordingly.

The applicable subheading for the travel pouch 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. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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