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NY R01355

February 7, 2005

CLA-2-42:RR:NC:3:341 R01355


TARIFF NO.: 4202.32.9550

Mr. Joseph Holten
Pactics LLC
10251 North Oak Knoll Lane
Oro Valley, AZ 85737

RE: The tariff classification of a spectacle pouch of textile materials from China

Dear Mr. Holten:

In your electronic letter dated January 26, 2005 you requested a classification ruling.

An image of a spectacle pouch has been submitted. The pouch is said to be made-up of 100% polyester Micro Fiber fabric and is 6.75” long and 3” wide. It is a generic spectacle pouch not of a kind within which spectacles will ordinarily reach the ultimate purchaser. The pouch is an amenity occasionally given to the purchaser of a pair of spectacles upon retail purchase. The pouch is suitable for long use and designed for repetitive reuse.

The classification of substantially identical merchandise was the subject of Customs decision HQ 963558, January 7, 2002. HQ 963558 reversed the prior Customs decisions regarding spectacle pouches as provided by Title 19 U.S.C. 1625(c)(1). The reversal was published in the Customs Bulletin Vol. 36, No. 4, January 23, 2002. A copy is attached.

The applicable subheading for the spectacle pouch of man-made fibers will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, of textile materials, with outer surface of textile materials. The duty rate will be 17.6 percent ad valorem.

The man-made fiber textile spectacle pouch 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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