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NY G85667




December 29, 2000

CLA-2-42:RR:NC:341:G85667

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060

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

RE: The tariff classification of a tool carry case from China.

Dear Mr. Parsons:

In your letter dated December 15th, 2000 you requested a tariff classification ruling.

The sample submitted with your request, "ToolPak", is a carry case specially shaped, fitted and designed to carry tools. The case resembles a backpack. However, it is not capable of carrying clothing and other personal effects. The exterior surface is comprised of approximately equal amounts of PVC embossed to resemble nylon textile material and textile material of man-made fibers. Neither material imparts the essential character. Accordingly, pursuant to General Rule of Interpretation (GRI) 3(c), the case will be classified under the provision for sheeting of plastic. The interior consists of five compartments that have various fittings to hold tools, such as pockets and elasticized loops. The compartments are secured by zip-around closures. There are two zippered pockets on the front exterior and two shoulder straps are permanently attached to the rear of the bag.

The applicable subheading for ToolPak will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity casesother, other, other, other, other. The rate of duty will be 18.6% ad valorem for the year 2000 and 18.3% ad valorem for the year 2001.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Your sample is being returned as requested.

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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