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NY F89295




July 28, 2000

CLA-2-42:RR:NC:341:F89295

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026; 4202.92.9060

Mr. Ronald Strozyk
Expeditors Tradewin Co.
681 Northrup Road
Elma, N.Y. 14059

RE: The tariff classification of carrying cases from China or the Philippines.

Dear Mr. Strozyk:

In your letter dated July 1st, 2000, on behalf of Specialized Bicycle Components Incorporated, you requested a classification ruling.

The two samples submitted with your request are not identified by style numbers. Both are carrying cases designed for mounting on a bicycle seat post, below the seat. They are used to carry small items such as tube repair kits, cameras, and similar items. The carrying cases will be imported empty.

The larger carrying case has an exterior surface of man-made fibers. The interior consists of a zippered central compartment with a back-wall pocket. This compartment is expandable by means of a zippered extension. The case is further secured by a strip of nylon webbing with two tuck lock closures that is affixed to the middle of the case by a hook and loop closure. A strip of nylon webbing with a tuck lock closure, which is used to secure the case to the bicycle seat post, is attached to the rear of the bag.

The smaller carrying case has an exterior surface comprised of both a sheeting of Polyvinyl Chloride and textile material of man-made fibers. Pursuant to General Rule of Interpretation 3 (c), the bag will be classified as made of a sheeting of plastic. The interior of the case consists of a single zippered compartment with no additional features. The case is further secured by a strip of nylon webbing with tuck lock closures pulled through a belt loop on the middle of the rear exterior. A zippered pocket is located on the front exterior. A strip of nylon webbing with hook and loop closures, which is used to secured the case to the bicycle seat post, is attached to the rear of the bag.

The applicable subheading for the large carrying case will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity caseswith outer surface of textile materials, other, of man-made fibers. The duty rate will be 18.6% ad valorem.

The applicable subheading for the small carrying case will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity casesother, other, other, other. 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. Products of the Philippines are subject to 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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