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NY H81009




June 5, 2001

CLA-2-63:RR:NC:N3:351 H81009

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Robert Lum
Redz International, Inc.
3 Reeves Station Road
Medford, NJ 08055

RE: The tariff classification of paintball belts and cartridge packs imported separately and together from China.

Dear Mr. Lum:

In your letter dated May 2, 2001, you requested a ruling on tariff classification. In response to our telephone inquiry of May 31, you faxed additional information.

You import textile belts (which you call comfort belts) which fasten around the waist with hook-and-loop fasteners so that one size fits all. Another item is various configurations of a paint cartridge holder or pouch (also made of textile), which attaches to the belt with loops that allow the pouch to slide onto the belt. The merchandise you import has been the subject of a number of recent rulings from this office, two of which (G89438 and G88989) have classified the belt in subheading 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up textile articles, other. G89438 also classified the textile pouches used to contain the paint cartridges in subheading 4202.92.9036, HTS, which provides, in part, for gun cases, holsters and similar containerswith outer surface of textile materials, other, other.

The applicable subheading for the belt and pouch imported as a single item will be 6307.90.9989, HTS, which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem.

Your question in the current request, which you clarified in a telephone conversation with National Import Specialist Mitchel Bayer, is the classification of the two items if imported together as a single assembled item, or in equal numbers with the intent to assemble them together and market them as a single item.

In the absence of evidence to the contrary, Customs would look to the bona fide intent of the importer in regard to the manner of sale of the components, i.e., as separates or as a single item. If it is the case that equal numbers of belts and pouches would be intended to be matched together to form a single item, then based upon their condition at the time of importation, shipments of equal numbers of belts and pouches will be viewed by Customs as shipments of the belts. Any extra pieces of either component could be entered separately under the appropriate HTS subheading cited above.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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