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NY D85659




December 17, 1998

CLA-2-42:RR:NC:TA:341 D85659

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Martin J. Sveum
Shelby Reload, Inc.
Tract 4 Industrial Park
P.O. Box 475
Shelby, MT 59474

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a holster from Canada; Article 509

Dear Mr. Sveum:

In your letter dated December 9, 1998, on behalf of Hi-Brow Ltd, you requested a tariff classification ruling.

The sample submitted is a holster manufactured of 100 percent man-made fiber webbing, hook and loop fasteners and a man-made fabric label. It is designed to be worn on a belt and to contain a can of "Counter Assault" spray. The webbing is produced of materials of an unknown origin and which are assumed to be non-originating materials. The webbing and loop are produced in Canada and the label is a product of the United States.

The applicable tariff provision for the holster of man-made fiber webbing will be 4202.92.9026, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides, in part, for other containers, other, with outer surface of textile materials, other, of man-made fibers. The general rate of duty will be 19 percent ad valorem. Effective January 1, 1999, the rate of duty will be 18.8 percent ad valorem.

Each of the non-originating materials used to make the holster has satisfied the changes in tariff classification required under the HTSUSA General Note 12(t)/42.9. Assuming the goods are eligible for preferential treatment under the NAFTA, the merchandise will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

You have indicated that the finished holster will be shrink wrapped and labeled "Product of Canada". The marking will satisfy the marking requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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