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NY F87890





June 22, 2000

CLA-2-95:RR:NC:2:224 F87890

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 9503.90.0045; 9506.59.4040; 9506.59.8060; 9506.62.8040; 9506.69.6020; 9506.99.1200; 9506.99.6040; 9506.99.6080; 8414.20.0000

Pamela Pinter
Big Apple Customs Brokers, Inc.
151-02 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of a bat bag and a Backyard Game Center from China.

Dear Ms. Pinter:

In your letter dated June 1, 2000, you requested a tariff classification ruling, on behalf of Regent Sports Corp., your client.

You are requesting the tariff classification on various items. The first item is number 99645, a textile man-made fibers bat bag. The proper classification for the bat bag imported empty is in chapter 42 of the HTS. You also request the classification on the item if the bat bag is imported with a metal bat, baseball glove, etc. This office will only classify a filled bat bag when you submit a sample of the item; therefore that should be the subject of a future ruling request.

The second item that you are submitting for classification is called a Backyard Game Center. The item consists of the following components: horseshoes with ground stakes, a volleyball, badminton rackets, shuttlecocks, plastic backyard tennis rackets, a foam tennis ball, a flying disc, an air pump and a net system including poles, ropes, stakes and tension clips. Although the Backyard Game Center, in its condition as imported, is put up in a carry/storage bag suitable for sale directly to users without repackaging, the purchaser will use its contents in several different activities. Accordingly, the Backyard Game Center does not constitute a set for tariff purposes and the components are classified separately. The carry/storage bag will be classified with its contents.

The applicable subheading for the bat bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags of textile, with outer surface of textile, of man-made fibers. The rate of duty will be 18.6 percent, ad valorem.

The applicable subheading for the flying disc will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toysparts and accessories thereof: OtherOther toys and models.” The rate of duty will be free.

The applicable subheading for the badminton rackets will be 9506.59.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other: Badminton rackets and parts and accessories thereofRackets and racket frames.” The rate of duty will be 5.6 percent, ad valorem.

The applicable subheading for the plastic backyard tennis rackets will be 9506.59.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Tennis, badminton or similar racketsOtherOther, including parts and accessories.” The rate of duty will be 4 percent, ad valorem.

The applicable subheading for the volleyball will be 9506.62.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Inflatable balls: OtherVolleyballs.” The rate of duty will be 4.8 percent, ad valorem.

The applicable subheading for the foam tennis ball will be 9506.69.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Balls, other than golf balls and table-tennis balls: OtherOther.” The rate of duty will be 4.9 percent, ad valorem.

The applicable subheading for the shuttlecocks will be 9506.99.1200, Harmonized Tariff Schedule of the United States (HTS), which provides for “Badminton articles and equipment, except rackets, and parts and accessories thereof: Other.” The rate of duty will be 5.6 percent, ad valorem.

The applicable subheading for the net, including the poles, guide ropes, stakes and tension clips will be 9506.99.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles and equipment for general physical exerciseparts and accessories thereof: OtherNets not elsewhere specified or included.” The rate of duty will be 4 percent, ad valorem.

The applicable subheading for the horseshoes with ground stakes will be 9506.99.6080, Harmonized tariff Schedule of the United States (HTS), which provides for “Articles and equipment for general physical exerciseparts and accessories thereof: OtherOther.” The rate of duty will be 4 percent, ad valorem.

The applicable subheading for the air pump will be 8414.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for hand or foot-operated air pumps. The rate of duty will be 3.7 percent, ad valorem.

The bat 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 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 Tom McKenna at 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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