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NY L86344

August 10, 2005

CLA-2-42:RR:NC:TA:341 L86344


TARIFF NO.: 4202.92.3031

Ms. Genevieve M. Rafter Keddy
J.M. Customs Brokers, Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of a drawstring travel bag from China.

Dear Ms. Keddy:

In your letter dated July 19, 2005, on behalf of Prestige Toys, you requested a classification ruling for a drawstring travel bag.

The sample submitted is identified as style 8029 “Seahorse & Starfish Toy Bag For Carters Baths”. The item is a drawstring travel bag designed to provide storage, protection, organization and portability to personal effects. The instant item is manufactured of 100 nylon mesh man-made fiber textile material. The top of the bag is secured by means of a braided drawstring closure. In the center of the drawstring are two suction cups decorated with toy frogs. You have indicated that intended purpose for the bag is to store bath toys while they dry. You have also indicated that in addition to the frog suction cups, the submitted sample will be imported having seahorses or starfish as well. The bag measures approximately 13”(W) x 16 ½”(H).

You have suggested that the drawstring bag is classifiable within one of the HTS Chapter 9503 tariff provisions that provides for other toys, put up in sets or outfits and other parts and accessories thereof. However, the bag is of a kind classifiable in heading 4202. It’s useful functions as a travel bag is greater than any play value the item may have. Therefore the item is classifiable within heading 4202 as a drawstring travel bag of textile materials.

The applicable subheading for style 8029, the drawstring travel bag, 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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