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NY L89699




February 1, 2006

CLA-2-42:RR:NC:N3:341 L89699

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Cheryl L Chadwick
BIC Consumer Products, Inc.
500 BIC Dr.
Milford CT. 06460

RE: The tariff classification of pen sleeve/sheath of textile materials from China

Dear Ms. Chadwick:

In your letter dated December 28, 2005, you requested a classification ruling. The submitted samples consist of two sheath type sleeves of textile materials. The fabric consists of an exterior surface of flocked textile materials and a backing of compact plastic sheeting. The exterior surface constituent material is composed of rayon fibers. You have indicated that the sheaths will be imported into the United States in bulk and packaged in the United States with a pen. The samples will be returned.

You have suggested classification within the tariff provision 3926.90.9880, HTSUSA that provides, in part, for other articles of plastics, other. Chapter 39,Legal Note 2(ij) excludes goods of Heading 4202 from classification in the various subheadings of Chapter 39. Therefore, if the sheaths are of a kind classified in Heading 4202, HTSUSA, each are precluded from classification in any Subheading of Chapter 39, HTSUSA.

The two sheaths are not disposable packaging and are designed for and used for the useful functions of storage, protection, organization and portability common to the articles of Heading 4202, HTSUSA. Each is suitable for reuse subsequent to its original sale with the pen and is used as a personal accessory.

The instant pen sheaths are classifiable in Heading 4202; therefore classification in subheading 3926 is precluded.

The applicable subheading for the pen sheaths (sleeves) will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides, in part, for other containers and cases, with outer surface of textile materials or of sheeting of plastic, other. The duty rate will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Tariff number 4202.92.9026 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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