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NY F82718




March 31, 2000

CLA-2-42:RR:NC:341:F82718

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 4202.92.9060; 9005.10.00

Ms. Lori Rinard
Bushnell Corporation
9200 Cody
Overland, KS 66214

RE: The tariff classification of a pair of binoculars with case, both products of China.

Dear Ms. Rinard:

In your letter dated January 13th, 2000 you requested a classification ruling.

The sample submitted with your request, Bushnell style 17-1051, "Instavision", is a pair of binoculars packed for retail sale with a textile binocular case of man-made fibers. (Per inquiry letter, the binocular case sample submitted is said to be representative of the actual binocular case to be imported, except the actual case to be imported will be of an exterior of plastic sheeting material).

The pair of binoculars is described as having focus free operation, 7 x 35 magnification, and has a handle strap for one hand use. The binocular case is specially shaped to contain the "Instavision", style 17-1051. The interior of the case is padded and consists of a single compartment with no additional features. The top opening is secured by a zip-around closure. The case is of a kind normally sold with a pair of binoculars and is designed to be worn over the shoulder, around the neck or in a belt.

General Rule of Interpretation 5 (a) states, "In addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein:

(a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character"

Pursuant to General Rule of Interpretation 5(a), the applicable subheading for the binocular, if a prism binocular, imported with the case will be 9005.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars, monoculars, and other optical telescopesbinoculars, other prism binoculars. The duty rate will be free.

Pursuant to General Rule of Interpretation 5(a), the applicable subheading for the binocular, if other than a prism binocular, imported with the case will be 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars, monoculars, and other optical telescopesbinoculars, other. The duty rate will be free.

Depending on whether or not the binocular is a prism binocular, the applicable subheading for the binocular imported without the case will be 9005.10.0040 or 9005.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars, monoculars, and other optical telescopesbinoculars. The duty rate will be free.

The applicable subheading for the case with an exterior surface of plastic sheeting, imported in a separate shipment from the binocular will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity caseswith outer surface of sheeting of plastic or of textile materialsother. The duty rate will be 18.6% ad valorem.

The applicable subheading for the case with an exterior surface of textile material of man-made fibers, imported in a separate shipment from the binocular, will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity caseswith outer surface of textile materialsof man-made fibers. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.92.9026 fall 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 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.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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