NY 863439: The tariff classification of belt bags with plastic bottlesfrom China.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

 
                                   NY 863439

                                   May 28, 1991   

CLA-2-39:S:N:N3G:221 863439 

CATEGORY:  Classification

TARIFF NO.: 3923.30.0090; 4202.92.3030

Mr. Steven M. Kott
Kmart Fashions
7373 West Side Avenue
North Bergen, NJ  07047

RE:  The tariff classification of belt bags with plastic bottles
from China.

Dear Mr. Kott:

     In your letter dated May 13, 1991, you requested a tariff
classification ruling.

     Two samples were submitted.  Style no. 1007A is a nylon belt
bag fitted with a plastic bottle.  The belt bag is specially
sized and shaped to fit the bottle, and has a hole in the front
through which the spout of the bottle protrudes.  There are two
small zippered pockets, one on the front panel and one on the
back panel, in which change and other small items can be kept. 
There is no room in the main body of the bag to fit anything
other than the bottle.  The bag cannot be used without the
bottle, since the hole for the spout would then render the bag
defective.  

     Style no. 1007B is a nylon belt bag that contains a plastic
bottle.  The bottle is not fitted.  The main body of the bag is
divided into two compartments.  The bottle fits into the smaller
compartment.  The second compartment can hold a significant
number of other items.  The front panel of the bag has one
zippered pocket and one open pocket.  The belt bag can also be
used without the bottle.  As you requested, your samples are
being returned.       
      
     The applicable subheading for the belt bag and bottle, style
no. 1007A, will be 3923.30.0000, Harmonized Tariff Schedule of
the United States (HTS), which provides for articles for the
conveyance or packing of goods, of plastics; carboys, bottles,
flasks, and similar articles, other.  The rate of duty will be 3
percent ad valorem.   

     The applicable subheading for the belt bag and bottle, style
no. 1007B, will be 4202.92.3030, HTS, which provides for travel,
sports and similar bags, with outer surface of textile materials,
other.  The rate of duty will be 20 percent ad valorem.








     Style no. 1007B falls within textile category designation
670.  Based upon international trade agreements, products of
China are subject to quota and visa agreements.

     The designated textile 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