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NY F88247




June 26, 2000

CLA-2-90:RR:NC:MM:114 F88247

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9005.10.00, 9005.90.80

Mr. Tim Parsons
Parsons Trading
5 Thunderbird Drive
Novato, CA 94949

RE: The tariff classification of a binocular cover called the Bino-Glove from China

Dear Mr. Parsons:

In your letter dated May 9, 2000 you requested a tariff classification ruling on a two-piece binocular cover.

The binocular manufacturer calls the product the Bino-Glove. It is made of neoprene foam rubber with an outer surface of knitted nylon or polyester jersey. No product number was provided. A sample of a Brunton binocular and the Bino-Glove were furnished to this office and will be returned as requested.

The Bino-Glove has two parts. The cover portion is used to cover the binocular viewing tubes. It is stretched onto the binocular and is not intended to be removed. The hood portion fits over the top and bottom of the binocular and has a plastic slide that acts as a closure. The hood snaps to the cover; it is not intended to be removed. There are no attachment points for a carrying strap on the Bino-Glove. The carrying strap, if one is used, must be attached to the binocular itself.

You state that the Bino-Glove is a cover that gives extra protection to the binoculars and that provides an inexpensive way to change the exterior color of the binocular or to camouflage the binocular with the use of a camouflage printed cover. It protects the outside surface from scratches, protects the lenses from damage, and provides flotation to float the binocular if it is dropped in water. There will be different models of Bino-Gloves to fit different binocular sizes.

According to your letter, the Bino-Glove will not be sold to customers in the United States separately from the binocular. The Bino-Glove will be imported into the United States and fitted to a binocular by The Brunton Company at their facility in Riverton, Wyoming. The binocular and the Bino-Glove will be sold as a unit. Alternatively, the Bino-Glove will be exported from China to Japan, the country of manufacture of the binocular, where the cover will be fitted onto the binocular. Then the binocular with the Bino-Glove attached will be imported into the United States to be sold as a unit.

The applicable subheading for the Bino-Glove when imported separately will be 9005.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars, parts and accessories, other. The rate of duty will be free.

The applicable subheading for the binoculars imported with the Bino-Glove attached will be 9005.10.00, Harmonized Tariff Schedule of the United States (HTS), which provides for binoculars. The rate of duty will be free.

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 Barbara Kiefer at 212-637-7058.

Sincerely,

Robert B. Swierupski
Director,

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