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NY C82470




December 19, 1997

CLA-2-94:RR:NC:SP:233 C82470

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.80.6030; 4202.92.3030

Mr. Tim Parsons
Parsons Trading
1 Sharilyn Lane
Novato, CA 94947

RE: The tariff classification of a Sportsman's Chair with tote bag from China.

Dear Mr. Parsons:

In your letter dated December 2, 1997, you requested a tariff classification ruling.

The submitted sample, a Sportsman's Chair, consists of a portable seat and a double handle mesh knit tote bag. The seat is constructed of a layer of foam sandwiched between a woven taffeta fabric. Nylon web straps with plastic buckles on either side allow the person seated to adjust the seat for individual comfort. Permanently installed dowels are inserted down each side of the seat and back to provide rigid support. When the seat is unfolded and ready for use, one section of the seat extends horizontally and the other section extends vertically to act as the actual backrest. Each section measures approximately 16" x 18". When not in use, the seat can be collapsed flat for easy transportation or storage in the mesh knit tote bag. The tote bag is made of mesh knit of man-made textile materials with a drawstring and cord lock. In your letter you indicate that the tote bag would allow sand for example to escape, or water to evaporate after beach use. In addition, you indicate that the carrying bag will serve as packaging for the Sportsman's Chair, eliminating the need to import it in either individual polythene bags or cardboard boxes, putting less burden on disposal and recycling.

The applicable subheading for the Sportsman's Chair will be 9401.80.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for seats, whether or not convertible into beds, and parts thereof: other seats: other. The rate of duty will be 1.6% ad valorem. The rate of duty for 1998 will be 0.8% ad valorem.

The applicable subheading for the mesh knit tote bag will be 4202.92.3030, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 19.3% ad valorem. The duty rate for 1998 will be 19% ad valorem.

Items classifiable under 4202.92.3030 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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Robert B. Swierupski

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