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NY B88662




August 29, 1997

CLA-2-85:RR:NC:1:108 B88662

CATEGORY: CLASSIFICATION

TARIFF NO.: 8518.22.0000; 4202.92.9025

Mr. Donald S. Simpson
Vice President
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of "Bike Tune" Style #9700 portable speaker system with 40 watt amplifier from China.

Dear Mr. Simpson:

In your letter dated August 15, 1997, you requested a classification ruling on behalf of your client, New Visions, Inc. A sample and literature were submitted.

The item is a 40 watt amplifier with two full range speakers in the same plastic housing. A carry handle is built into the configuration. Three Velcro straps are provided for mounting onto the bicycle. The apparatus runs on 8 C-size batteries (not included). There is a built-in cord with a plug for connection to a Walkman or other similar radio or portable cassette or CD player which may be placed in the attached man-made fiber textile carrying pouch. The pouch is attached to the amplifier by a sewn-on ribbon at the bottom and two plastic loops at the top. It is of a size and shape suitable for a Walkman-type portable radio or portable cassette or CD player. The entire product is designed to allow a bicycle rider to listen to the portable sound reproducing device without a headset, but the accompanying literature shows other applications such as listening at the beach, etc. You state that the product is made in China but shipped from Hong Kong.

The applicable subheading for the "Bike Tune" Style #9700 portable speaker system with a 40 watt amplifier will be 8518.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[m]icrophones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones, earphones and combined microphone/speaker sets; audio-frequency electric amplifiers; electric sound amplifier sets; parts thereof: [l]oudpeakers, whether or not mounted in their enclosures: [m]ultiple loudspeakers, mounted in the same enclosure." The duty rate will be 4.9 percent ad valorem.

The applicable subheading for the attached pouch of man-made fiber textile material will be 4202.92.9025, HTS, which provides, in part, for "...[containers]...[w]ith outer surface of textile materials: [o]ther: [o]ther: [o]f man-made fibers." The duty rate will be 19.3 percent ad-valorem.

The Walkman carry case of man-made fiber textile material falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Harvey Kuperstein at 212-466-5672.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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