CLA-2-42:S:N:N6:341 884540

Mr. William T. Clune
Emery Customs Brokers
One John James Audubon Parkway - Suite 110
Amherst, NY 14228

RE: The tariff classification of a cutlery holder, a lingerie bag and a tissue holder from Brazil.

Dear Mr. Clune :

In your letter dated March 31, 1993, on behalf of Silver Rain, Inc., you requested a tariff classification ruling on a cutlery holder, a lingerie bag and a tissue holder. You have submitted three samples, no style numbers indicated, of a cutlery holder, a travel lingerie bag and a tissue holder, all constructed essentially of 100% cotton woven fabric with lace trim. The cutlery holder measures approximately 8 1/2" x 5", the travel lingerie bag measures approximately 12" x 9 1/2", and the tissue holder measures approximately 5" x 7". The applicable subheading for the cutlery holder constructed essentially of 100% cotton woven fabric will be 4202.92.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, traveling bags and similar containers, with outer surface of textile materials, other, of cotton. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the travel lingerie bag constructed essentially of 100% cotton woven fabric will be 4202.92.1500, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7.2 percent ad valorem

The applicable subheading for the tissue holder constructed essentially of 100% cotton woven fabric will be 4202.32.4000, HTS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7.2 percent ad valorem.

Items classifiable under 4202.92.6000, 4202.92.1500 and 4202.32.4000 fall within textile category designation 369. Based upon international textile trade agreements, products of Brazil 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, 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