The tariff classification of a cosmetics brush kit and pouch from China.

NY A89698 December 3, 1996 CLA-2-96:RR:NC:2:233 A89698 CATEGORY: Classification TARIFF NO.: 9603.30.2000; 9603.30.4000; 9603.30.6000; 4202.92.9025 Ms. Katherine Avanessians Mably International, L.L.C. 14 East 60th Street New York, NY 10022 RE: The tariff classification of a cosmetics brush kit and pouch from China. Dear Ms. Avanessians: In your letter dated November 19, 1996, you requested a tariff classification ruling. The submitted sample is a set of four cosmetics brushes in a zippered pouch. The pouch, which is rectangular shaped, features four compartments to hold the brushes and measures approximately 8«" x 3¬" when zipped. It will be constructed of black 70D nylon with PVC sponge backing, having a 0.55mm total thickness. Noting GRI-5 (a), the pouch is specially shaped to contain the brushes and is of a kind normally sold with such brushes. The pouch would therefore be classified under the same provision as the brushes since it is sold and marketed with the brushes. The brushes will be supplied by your client Estee Lauder as an assist. Please note that materials supplied as assists must be included in the entered value of the merchandise at the time of entry. The applicable subheading for the cosmetics brush kit and pouch, if all of the brushes are valued not over 5› each, will be 9603.30.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for . . . brushes for the application of cosmetics: valued not over 5› each . The rate of duty will be 4.1% ad valorem. The applicable subheading for the cosmetics brush kit and pouch, if all of the brushes are valued over 5› but not over 10› each, will be 9603.30.4000, HTS, which provides for . . . brushes for the application of cosmetics: valued over 5› but not over 10› each. The rate of duty will be 0.2› each. The applicable subheading for the cosmetics brush kit and pouch, if all of the brushes are valued over 10› each, will be 9603.30.6000, HTS, which provides for . . . brushes for the application of cosmetics: valued over 10› each. The rate of duty will be 1.9% ad valorem. The zippered brush pouch is of a kind similar to those of Heading 4202. The pouch, if imported and presented on its own, will be classified within tariff number 4202.92.9025, HTS, which reads, in part, . . .other containers, other: with outer surface of textile materials, of man-made fibers. The rate of duty will be 19.5% ad valorem. Tariff item number 4202.92.9025 falls within textile category designation 670. As a product of China, this merchandise is subject to quota and visa restrictions based upon international textile agreements. 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 Lawrence Mushinske at 212-466-5739. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division