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NY G86421




January 29, 2001

CLA-2-95:RR:NC:2:224 G86421

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.99.6080; 4202.92.3020

Tony Collini
John S. Connor, Inc.
401 East Pratt Street
Suite 700
Baltimore, MD 21202

RE: The tariff classification of children’s protective gear in a backpack from Hong Kong.

Dear Mr. Collini:

In your letter dated January 3, 2001, you requested a tariff classification ruling, on behalf of Bell Sports, your client.

You are requesting the tariff classification on an item that is comprised of children’s protective gear in a backpack. The protective gear is designed for use while biking or skating. There are elbow pads, kneepads and protective gloves with open fingertips. The protective gear will be sold in a backpack that is not fitted for the gear and may be used in many capacities. The backpack is constructed of a man-made fiber net material with a vinyl base and straps made of webbing material. The item would not be considered a set for the purposes of the HTS because the backpack is separately classifiable.

The applicable subheading for the protective gear will be 9506.99.6080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles and equipment for general physical exercise, gymnastics, athletics, other sports...or outdoor games...parts and accessories thereof: Other...Other.” The rate of duty will be 4 percent ad valorem.

The applicable subheading for the backpack will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Trunks, suitcases, vanity cases, attache cases...Other...Other: Of man-made fibers: Backpacks.” The rate of duty will be 18.3 percent ad valorem.

The backpack falls within textile category designation 670. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of an export license.

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.USTREAS.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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