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NY N023844

March 25, 2008



TARIFF NO.: 4202.92.3031, 4911.99.8000, 8513.10.2000, 9006.53.0110 9608.10.0000

Gerald Robbins
Applicator International
235 Big Ridge Drive
East Stroudsburg, PA 18301-9379

RE: The tariff classification of an auto accident bag from China

Dear Mr. Robbins:

In your letter dated February 20, 2008 you requested a classification ruling. The samples which you submitted are being returned as requested.

The sample is referred to as an auto accident bag. It consists of a case, a pen, a flashlight with batteries, a disposable camera, and an accident report form. A style number was not provided.

The case is constructed with an outer surface of nylon textile material. It has a main compartment with two plastic pockets and individual elastic bands to hold the accessories in place. It has a zipper closure along three sides with a plastic window on the front exterior. It measures approximately 4.5” (W) x 6.5” (L) x 1.25” (D).

The disposable camera uses 35mm film and contains 27 exposures with a flash unit. For your information, there is an ITC Exclusion Order on disposable (single-use) cameras. The order is the General Exclusion Order issued in response to ITC Investigation No. 337-TA-406 on certain lens-fitted film packages (disposable cameras). The determination of whether your disposable camera is subject to ITC Exclusion Order will be made independently of the tariff classification ruling. If you require a written ruling on whether the exclusion order applies to your camera, you should submit a ruling request with a sample of the camera to the following office: Intellectual Property Rights Branch, Office of Regulations and Rulings, Room 5 - 4, 1300 Pennsylvania Avenue, NW (Mint Annex), Washington, DC 20229.

The flashlight is constructed of polypropylene plastic and includes two AA batteries.

The applicable subheading for the nylon case will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6 percent ad valorem.

The applicable subheading for the disposable 35mm camera will be 9006.53.0110, HTSUS, which provides for photographic (other than cinematographic) cameras; other cameras; other, for roll film of a width of 35 mm; one time use cameras; other. The rate of duty will be free.

The applicable subheading for the flashlight will be 8513.10.2000 HTSUS, which provides for portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos): lamps: flashlights." The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the ball point pen will be 9608.10.0000 HTSUS, which provides for ball point pens. The rate of duty will be 0.8 cents each + 5.4 percent ad valorem.

The applicable subheading for the accident report form will be 4911.99.8000 HTSUS, which provides for other printed matter: other (non-enumerated) articles. The rate of duty will be free.

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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