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July 8, 1999

CLA-2-42:RR:NC:341:E83718

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a carrying case from Hong Kong.

Dear Mr. Kelly:

In your letter dated June 18, 1999, on behalf of Precision Medical Inc., you requested a classification ruling for a carrying case from Hong Kong.

The sample submitted with your request is identified as style #502538. The item is a carrying case specially fitted for a nebulizer dispenser used for medical treatment of asthma patients. The case has an external surface of nylon textile material and measures approximately 6 " in height by 6 1/2" in width. A zippered opening that spans from the rear bottom to the top front enables the user to place the nebulizer into the case. A front flap with hook and loop closure secures the top opening. An adjustable, permanently attached shoulder strap of nylon webbing is sewn into the sides of the case. The interior of the case features two compartments, the bottom of which is accessible by both a window on the front exterior that is secured by a flap with a hook and loop closure, and the top opening.

The applicable subheading for the carry case will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunksÂgun cases, holsters and similar containersÂwith outer surface of textile materials, other, of man-made fibers. The duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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