The tariff classification of mini markers in a small textile bag from China

N020444 December 20, 2007 CLA-2-96:OT:RR:NC:N2:222 CATEGORY: Classification TARIFF NO.: 9608.20.0000; 4202.32.9550 Ms. Antoinette McKnight American Shipping Company Inc. 250 Moonachie Rd, 5th Floor Moonachie, NJ 07074 RE: The tariff classification of mini markers in a small textile bag from China Dear Ms. McKnight: In your letter dated November 29, 2007, on behalf of Loew-Cornell, Inc., you requested a tariff classification ruling. The submitted sample is identified as Backpack Clip - Mini Markers, item# 30. This item is comprised of 12 small felt tipped markers, of various colors, enclosed in a small bag that is identified as a Backpack Clip Bag. The bag appears to be a coin purse. The bag is constructed with an outer surface of man-made textile material.  It measures 3.5” wide by 2” in diameter by 2” high and features a top zippered opening. There is a loop on the side of the bag, which is attached to a plastic clip. Each of the mini markers has a plastic cap. Without the cap, each mini marker measures 3-1/8” long and with the cap in place, they each measure 3-7/16” long. As you requested, the sample will be returned to you. The applicable subheading for the Mini Markers will be 9608.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for felt tipped and other porous-tipped pens and markers. The rate of duty will be 4 percent ad valorem. The applicable subheading for the Backpack Clip Bag will be 4202.32.9550, HTSUS, which provides for articles normally carried in the pocket or handbag, with outer surface of textile materials, other, other, of man-made textiles. The duty rate will be 17.6% ad valorem. 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 4202.32.9550 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Gary Kalus at 646-733-3055. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division