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NY N020978

December 21, 2007



TARIFF NO.: 4202.92.3031

Ciprian Marinescu
Schenker of Canada, Ltd.
35 St. Jacques Street
Montreal, PQ
H2Y 1K9

RE: The tariff classification of a utility pouch from China

Dear Mr. Marinescu:

In your letter dated December 10, 2007, on behalf of Mega Brands Inc., you requested a classification ruling. The sample which you submitted is being returned as requested.

Style 41462, which you referred to as a pencil case, is a generic utility pouch designed to contain personal effects during travel. It is manufactured with an exterior surface of polyester textile material. The interior of the pouch is unlined and secures by means of a textile zipper closure. It measures approximately 8.5” (W) x 2.75” (H) x 2.75” (D).

You suggest classification in subheading 3926.10.0000, HTSUS, which provides for other articles of plasticsoffice or school supplies. The provisions of Chapter 39 are limited to articles made of plastics. The pencil case is made of woven polyester textile fabric, and thus cannot be classified in any of the provisions of Chapter 39.

The applicable subheading for the utility pouch will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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.

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/.

HTSUS 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Vikki Lazaro at 646-733-3041.


Robert B. Swierupski

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