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NY L83112

March 8, 2005

CLA-2-42:RR:NC:TA:341 L83112


TARIFF NO.: 4202.92.3031

Mr. Jonathan Cottingham
Stonepath Logistics International Services 1930 Sixth Ave. South, Suite 401
Seattle, WA 98134

RE: The tariff classification and marking of a travel pouch from China.

Dear Mr. Cottingham:

In your undated letter, received in this office February 28, 2005, on behalf of Inkology Inc., you requested a classification and marking ruling.

The sample submitted is not identified by style number. The item is a zippered travel pouch wholly made up of man-made fiber textile materials. The pouch measures approximately 9 inches wide, by 3 inches high. It is principally used to provide storage, protection, organization and portability for small personal effects during travel. Your sample is being returned as requested.

In your request you suggested classification under subheading 6307.90.9889, HTSUSA. Classification within Heading 6307 is subject to Section XI Legal Note 1 (1) wherein textile articles of Heading 4202 are excluded from any Heading of that section.

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.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. We recommend that each bag be marked by means of a sewn-in fabric label, which will be conspicuously located so that the ultimate purchaser will be able to determine the country of origin.

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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