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NY L84942

June 6, 2005

CLA-2-42:RR:NC:TA:341 L84942


TARIFF NO.: 4202.92.3031; 9505.90.6000

Ms. Irene Tsiavos
Easter Unlimited, Inc.
80 Voice Road
Carle Place, NY 11514

RE: The tariff classification of a tote bag and bib and hat set from China.

Dear Ms. Tsiavos:

In your letter dated May 11, 2005, you requested a classification ruling.

You have submitted three samples with your request identified as items 2379, 8021 and 7556.

Item 2379, described as a “Wire Easter Basket”, is a carryall tote bag made up of man-made fiber textile material with wire frame. The bag has a self-fabric carrying handle and the top is unsecured. The principal use of the bag is to provide storage, protection and organization for personal effects. The front of the bag is printed with a funny face said to be a “bunny”. The bag is unlined and measures approximately 7 ½”(H) x 8”(W).

The applicable subheading for Item 2379 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.

Item 8021, Bib & Hat Set, is an instant costume. It consists for a baby bonnet sized for an adult head and a “bib” printed with the phrase “Baby wants a sucker.” The bib is well made, but not functional as it is too small to offer protection. The set meets all the requirements for classification within Heading 9505.

The applicable subheading for Item 8021 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Festive, carnival or other entertainment articles, including magic tricks, and practical joke articles; parts and accessories thereof: Other: Other. The rate of duty will be free.

We are unable to provide a decision regarding Item 7556 “Christmas ELF Tights-78 Decitex”. Your request for a classification ruling should include a breakdown of the fiber content by weight. When this information is available you may wish to resubmit your request for a classification ruling.

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).

If you have any questions regarding the ruling, contact National Import Specialists Kevin Gorman at 646-733-3041 or Alice J. Wong at 646-733-3026.


Robert B. Swierupski

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