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NY L83596




April 4, 2005

CLA-2-42:RR:NC:TA:341 L83596

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

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

Dear Mr. Stinson:

In your letter dated March 17, 2005, you requested a tariff classification ruling for a travel utility pouch.

The sample submitted is identified as “BTS Jelly Pencil Pouch”, Liss item #940268 and Manufacturer item #4640. The item is a genetic utility pouch designed to contain personal effects during travel. It is manufactured of polyvinyl chloride (PVC) plastic sheeting material. It measures approximately 7 ¾”(W) x 4”(H). The interior is unlined with no additional features. It is secured by means of a top zippered closure. Your sample is being returned as requested.

You have suggested classification with the tariff provision HTS 3926.10.0000 that provides, in part, for other articles of plastics office and school supplies. Goods classifiable in heading 4202 are excluded from classification in heading 3926 by Chapter 39 exclusion note 2(ij). The instant item is classifiable in heading 4202, therefore it is not classifiable in subheading 3926, HTS.

The applicable subheading for the travel pouch will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem.

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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