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NY 889330





August 30, 1993

CLA-2-42:RI:130:G25:DJP

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025

Mr. Ryann Day
Expeditors International
19119 16th Ave. S.
Seattle, WA 98188

RE: The tariff classification of a drumstick bag from Taiwan.

Dear Mr. Day:

In your letter dated August 3, 1993, you requested a tariff classification ruling on behalf of your client, American Music.

You have submitted a sample of the drumstick bag, no style #, with pictures of the bag in use. The bag measures approximately 19" x 10" when closed and 19" x 20" when opened. It has a textile shoulder strap and a zipper closure. The outside of the bag has a zipper secured pocket on each side. The inside of the bag has three open top pockets. The exterior surface is 100% nylon.

When closed the bag is used to transport drumsticks and other drum accessories. When opened the bag is secured to a drum, exposing the accessories for easy access and use by a drummer. You indicate that you received an advisory classification from Seattle Customs of 4202.92.9020, but that you believe this item is more properly provided for under 4202.92.50.

Heading 4202.92.50 provides for Musical Instrument Cases. Since drumsticks are accessories and not musical instruments, classification under 4202.92.50 is not appropriate.

The applicable subheading for the drumsticks bag will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks...holsters and similar containers; other: with other surface of sheeting of plastic or of textile material: other, other, other: of man-made fibers. The rate of duty will be 20% ad valorem.

The Drumstick Bag falls within textile category designation 670. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

Designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 (Restraints 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 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,

Philip Bernard
District Director
Providence, R.I.

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