01/25/92
CLA-2-61:S:N:N3I: 359P 870049
Mrs. Jacqueline Clark
Northern Trading Company, Inc.
P.O. Box 250
190-202 East Main Street
Madawaska, Maine 04756
RE: The tariff classification of a gift package consisting of
toilette water from the U.S., a pullover from the Dominican
Republic, and a travel bag from China.
Dear Mrs. Clark:
In your letter dated December 18, 1991, you requested a
tariff classification ruling.
The submitted package of articles is not a set according to
the Explanatory Notes for the General Rules of Interpretation
(GRI) to the Harmonized Tariff Schedule of the United States
(HTS). Products must be put up together to meet a particular
need or carry out a specific activity in order to be a set for
tariff purposes.
You have submitted a gift package consisting of the
following:
a) a 2 oz. bottle of Liz Claiborne, Eau de Toilette.
b) a pullover constructed from a 100% cotton, finely
knit fabric that measures more than 9 stitches
per 2 centimeters in the horizontal direction;
the pullover features a crew neck, short hemmed
sleeves, a left chest pocket with embroidery and
a hemmed bottom.
c) a) and b) are packaged in a Foreign Trade Zone into
a travel bag constructed from clear PVC material. It
is unlined and measures approximately 12"x8"x2 1/2"
and secured by means of a top textile, teflon
zipper closure.
The pullover, upon importation, must have a fabric label
permanently sewn in the nape of the neck. The information on
this label must be conspicuous. It must consist of the
following: the country of origin, the fiber content and the
registered number or importer identification.
The applicable subheading for the Eau de Toilette will be
9801.00.1099, Harmonized Tariff Schedule of the United States
(HTS), which provides for products of the United States when
returned after having been exported, without having been advanced
in value or improved in condition by any process of manufacture
or means while abroad: other. Products in subheading
9801.00.1099 are free of duty.
The applicable HTS subheading for the pullover will be
6110.20.2075, which provides for women's sweaters, pullovers and
similar articles, knitted: of cotton: other. The rate of duty
will be 20.7% ad valorem.
The applicable HTS subheading for the travel bag will
4202.92.4500, which provides for travel, sports and similar bags,
without a surface of plastic sheeting: other. The rate of duty
will be 20% ad valorem.
The pullover falls within textile category designation 339.
Based upon international textile trade agreements, products of
the Dominican Republic are subject to visa requirements and quota
restraints.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport