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NY C87413




May 22, 1998

CLA-2-42:RR:NC:TA:341 C87413

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 4202.92.9026

Mr. William M. Stringfield
William M. Stringfield Customs Bkrs.
249 E. Ocean Blvd., Suite 1008
Long Beach, CA 90802

RE: The tariff classification of a gardening belt, a gardening tote and knee pads from China.

Dear Mr. Stringfield:

In your letter dated April 29, 1998, on behalf of Fisher Worldwide Import Export, you requested a classification ruling.

You have submitted two samples and literature of another item with your request, identified as items EG-1001, EG-1008 and EG-1004. They are as follows:

Item EG-1001 is a gardening belt manufactured of 100 percent vinyl backed nylon with pockets of nylon mesh and an adjustable belt with a plastic quick release buckle closure. The item features various size multi purpose pockets, in addition to wide elastic straps designed to hold gloves, rags, gardening tools, shears, etc.

Item EG-1008 is a gardening tote manufactured of 100 percent vinyl backed nylon with nylon mesh pockets. The bag's design is unique in that is designed with heavy duty snaps that close four sides of the bag to make a full tote bag. With the snaps undone, and the ends folded in on base, the bag converts to an open-ended carryall for tools, accessories etc. The item features various multi-purpose pockets on four sides. At the top of the side pockets are elastic straps designed to hold tool handles securely in place.

Your samples are being returned as you requested.

The applicable subheading for Item EG-1001, the gardening belt of 100 percent nylon, will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...: Other, Other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for Item EG-1008, the gardening tote of 100 percent nylon, will be 4202.92.9026, HTSUSA, which provides for trunks, suitcases...; traveling bags..., tool bags and similar containers, with outer surface of textile materials, other, other, of man-fibers. The duty rate will be 19 percent ad valorem.

The question of a classification for Item EG-1004, the knee pads, noted. However, at the present time, we are unable to issue a ruling for the instant item. A similar issue has been referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1300 Pennsylvania Avenue, NW, Washington, DC 20229, pending resolution.

The tote bag 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 Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director,

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