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NY L85367




June 22, 2005

CLA-2:RR:NC:TA:341 L85367

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 6307.90.9889

Ms. Linda Lauro
Commonwealth Toy & Novelty Co., Inc.
45 West 25th Street, 5th Floor
New York, NY 10010

RE: The tariff classification of novelty tote bags and baskets from Shanghai and/or Hong Kong

Dear Ms. Lauro:

In your letter dated May 31,2005 you requested a classification ruling.

Samples of five articles have been submitted. The samples are divided into two groups by style number and individually by alpha suffix. Each article is made-up of man-made fiber textile materials and has individual design characteristics. The articles are as follows:

#70070-A “Sponge Bob Bunny Basket”
#70070-B “Sponge Bob Flower Basket”
#70071-A “Dora with Bunny Ears Basket” #70071-B “Dora Back Pack Basket ”
#77071-C “Dora/Boots (Monkey) Basket”

Items 3 and 5, although not actually a “basket” as the term is commonly defined, are made-up to be similarly used as a decorative basket. The principle use is to decorate a tabletop or counter similar to a flower basket or a candy dish.

Items 1, 2 and 4 are carrying bags/tote bags similar to the goods of Heading 4202. The articles posses the useful functions of storage, protection, organization and portability which are greater than any play or decorative value the items may have.

The applicable subheading for items 70070-A, 70070-B and 70071-B will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for items 70071-A and 70071-C will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up articles of textile materials, other, other, other. The duty rate will be 7 percent ad valorem.

Tariff number 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.

Sincerely,

Robert B. Swierupski
Director,

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