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NY A80001



February 13, 1996

CLA-2-95:RR:NC:FC:224 A80001

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025; 9504.90.6000

Carol Page
Edward M. Jones & Co., Inc.
P.O. Box 68575
Seattle, Washington 98188

RE: The tariff classification of two carrying cases for darts (darts included) from Hong Kong, Taiwan, and China.

Dear Ms. Page:

In your letter dated January 22, 1996, you requested a classification ruling, on behalf of Medalist Marketing Corp.

The submitted samples consist of two carrying cases for darts, each case having a different design. The darts are included with the carrying cases. You are requesting the tariff classification of the carrying cases and their plastic frames imported empty, and also the classification of the carrying cases and plastic frames imported with the darts inside. The carrying cases are black nylon fabric cases, fitted with black plastic frames specially designed to hold the darts. The inner plastic frames have attached handles used for removing the darts from their carrying cases. The enclosed darts are a standard size, and are gold in color. The carrying cases appear to be of the kind normally sold at retail with the contents.

In our opinion, the components described as carrying or storage cases, serve to store and protect the darts. General Rule of Interpretation (GRI) 5(a) of the Harmonized Tariff Schedule of the United States (HTSUS) provides that containers which are specially shaped or fitted to contain a specific article or set of articles, are suitable for long term use, and are entered with the article for which they are intended, shall be classified with such articles when of a kind normally sold therewith.

The two carrying cases, which are the subject of this ruling request, are considered to be containers specially shaped or fitted to contain the darts, are suitably durable, and are entered with the articles for which they are intended. Consequently, when these specially fitted cases are entered with the darts for which they were intended they meet the requirements of GRI 5(a) and should be classified with the darts. The applicable subheading for the carrying cases with their plastic frames, if imported empty will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for "Trunks, suitcases, vanity cases, attache cases...and similar containers; traveling bags, toiletry bags...cutlery cases and similar containers, of leather or of composition leather...of textile materials...(con.): Other (con.): Other...Other: Of man-made fibers". The duty rate will be 19.5 percent ad valorem.

The applicable subheading for the carrying cases with their plastic frames, if imported with the darts will be 9504.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles for arcade, table or parlor games...parts and accessories thereof (con.): Other: Other: Chess, checkers, parchisi, backgammon, darts and other games played on boards...and parts thereof...packaged together as a unit in immediate containers of a type used in retail sales; poker chips and dice". The duty rate will be free.

The dart carrying cases with their plastic frames, if imported empty, fall within textile category designation 670. As products of Hong Kong, Taiwan, and China this merchandise is subject to Quota and/or Visa Requirements based upon international textile trade agreements.

Due to the changeable nature of these agreements you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling or the control number indicated above should be provided with the entry documents at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Thomas A. McKenna at 212-466-5475.

Sincerely,

Roger J. Silvestri
Director

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