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NY G82489




October 3, 2000

CLA-2-95:RR:NC:2:224 G82489

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.29.0040; 9004.90.0000;
3926.90.9880; 4202.92.3031

Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a youth combo snorkel pack from China.

Dear Ms. Liu:

In your letter dated September 19, 2000, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a youth combo snorkel set, item number H66I1116. The package that is identified as item H66I1116 is comprised of the following components: plastic and rubber swim goggles, a plastic and rubber swim mask and snorkel set, a knit construction, man-made textile mesh sport bag with a drawstring closure, and a molded plastic beach capsule for valuables. The articles in the package would be separately classified, since the items are not considered a set for the purposes of the HTS. The items are not considered a set because each item is used for a different activity (snorkeling, swimming, and storage of equipment and valuables).

The swim mask and snorkel set are used for underwater diving/swimming so that the user can see and breathe while underwater, and are necessary when engaged in the water sport of snorkeling. The swim goggles are not water sport equipment but rather are used for the protection of the eyes while swimming, usually in a pool and not at the beach where snorkel equipment is usually employed. The storage equipment bag is not of the kind normally sold with swimming equipment. The molded plastic beach capsule is used while swimming at the beach to hold your valuables that you do not wish to leave behind while you swim. The sample will be returned, as requested.

The applicable subheading for the diving mask and snorkel set will be 9506.29.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Water skis, surf boards, sailboards and other water sport equipment; parts and accessories thereof: OtherOther.” The rate of duty will be free.

The applicable subheading for the swim goggles will be 9004.90.000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles and the like, corrective, protective or other; other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the molded plastic storage case for valuables will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plastics and other materials of headings 3901 to 3914 (con.): OtherOther.” The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the mesh sport bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for “Trunks, suitcases, vanity cases, attaché cases, briefcasestraveling bagsOther: With outer surface of sheeting of plastic or of textile materials: OtherOther: Of man-made fibers: Other.” The rate of duty will be 28.6 percent ad valorem.

The mesh sport 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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