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NY 887057



JUNE 28 1993

CLA-2-63:S:N:N6:345 887057

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9986

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Ave
Kansas City, MO 64108

RE: The tariff classification of a waist belt from Taiwan.

Dear Mr. O'Neill:

In your letter dated May 28, 1993, on behalf of Talent Sport, Inc., Norman, Oklahoma, you requested a tariff classification ruling.

The sample submitted is a waist belt made of knit man-made fabric bonded to neoprene rubber. The knit man-made fabric forms the outer surface. The article is worn during exercise routine.

You believe that the article should be classifiable under subheading 9506.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provided for articles and equipment for gymnastics, athletics, other sports (including table-tennis) or outdoor games...Other: Gymnasium or other exercise articles and equipment; parts and accessories thereof, other. This article is not an exercise equipment; it is worn during exercise routine. It does not actively contribute to exercise. It is not a physical action. Therefore, it is not classified in heading 9506.

The applicable subheading for the waist belt will be 6307.90.9986, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other: Other, other. The rate of duty will be 7 percent ad valorem.

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

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