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HQ 957577





May 31, 1995

CLA-2 R:C:F 957577 GGD

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.70.2010

Mr. J. Epstein
W.N. Epstein & Co., Inc.
Post Office Box 45187
St. Louis, Missouri 63145

RE: "Streets Roller Derby In-Line Skates;" Roller Skates with Nylon Carry Bag; GRI 5(a)

Dear Mr. Epstein:

This letter is in response to your request of January 10, 1995, on behalf of your client, Roller Derby Skate Corp., concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of an article identified as "Streets Roller Derby In-Line Skates," to be imported from Thailand. A sample of the article, which includes a nylon bag specially fitted to carry the skates, was submitted with your request.

FACTS:

The sample article consists of a pair of skating boots with in-line skates permanently attached, and a soft-sided, nylon bag. The bag, which is somewhat boot-shaped, has a carrying handle, a zippered closure, and a small exterior storage pocket. The skates and bag will be imported in a retail package suitable for direct sale without repacking.

ISSUE:

Whether the bag is a container specially shaped or fitted to contain a specific article or set of articles, so as to be classified with such article(s) in heading 9506, HTSUS. -2-

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied. The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and GRIs.

As noted above, the article essentially consists of exercise equipment and a bag. Subheading 9506.70.2010, HTSUSA, provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter...: Ice skates and roller skates...: Roller skates and parts and accessories thereof, Attached to boots." The bag would be classifiable in heading 4202, HTSUS, if imported separately.

We note that certain containers may be classified with the articles they are designed to hold, if the requirements of GRI 5(a) are met. In pertinent part, GRI 5(a) states that:

Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long- term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith.

In this case, the carry bag is specially shaped to contain a specific set of articles. It is roughly boot-shaped, is only slightly larger than the skates, and would not easily accommodate additional items. The bag is suitable for long term use, in that it is constructed of sturdy textile with a zipper closure. The bag will also be entered with the roller skates it is intended to contain. Although carry bags are not normally sold with roller skates, it is clear that this bag will contribute to the protection of the skates, in addition to providing a convenient means of secure transportation and storage. Since the bag is -3-
oddly shaped in order to fit its specific contents, it is not likely to be sold as an independent product for carrying various other personal effects (as would be a back pack, fanny bag, or shoulder bag). It is our determination, therefore, that the carry bag meets the requirements of GRI 5(a), and is classified with its contents.

HOLDING:

The "Streets Roller Derby In-Line Skates" and nylon carry bag, are properly classified in subheading 9506.70.2010, HTSUSA, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table- tennis) or outdoor games, not specified or included elsewhere in this chapter...: Ice skates and roller skates...: Roller skates and parts and accessories thereof, Attached to boots." The duty rate is free.

Sincerely,

John Durant, Director

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