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NY F89755




July 26, 2000

CLA-2-42:RR:NC:341:F89755

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Jennifer Parker
World Commerce Services, Inc.
830 Dillon Drive
Wood Dale, IL 60191

RE: The tariff classification of an unbelted nylon tool holder from China.

Dear Ms. Parker:

In your letter dated April 24th, 2000, on behalf of Black & Decker you requested a classification ruling.

The photograph submitted with your request depicts an unbelted five pocket tool holder which you state is manufactured of nylon. You state that the importer has not yet assigned a part number for this item. The item has three main open compartments and other small pockets designed to hold various tools. A metal holder for a hammer or similar item is affixed to the bottom compartment on the front exterior.

In Rooster Products Inc. v. United States, Slip Op 00.60, tool holders were found to be of a same class or kind as the items of HTS heading 4202.

The applicable subheading for the unbelted leather tool holder will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for traveling bags, toiletry bags, knapsacksother, with outer surface of textile materials, other, of 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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