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NY I81667




May 20, 2002

CLA-2-42:RR:NC:TA:341 I81667

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.99.9000; 4202.92.9026; 6211.43.0091

Mr. Joe Pomerantz
KR
P.O. Box 9185
620 N. Graves Ave.
Oxnard, CA 93030

RE: The tariff classification of tool cases, holsters, bags and a bib apron from China

Dear Mr. Pomerantz:

In your letter dated May 7, 2002, you requested a classification ruling.

You have submitted various samples of tool cases, holsters, bags and bib apron with your request. The items are specially fitted and designed to contain tools. The attache type case is made of aluminum and all of the other items are made of man-made fiber textile materials. They are as follows:

ITEM # DESCRIPTION

10054 Aluminum case
89003 5 pocket tape pouch/holsters.
89004 Hammer pouch/holster
89021 Jr. contractor bag
89022 Pro contractor bag.
89024 Garden tool bag
89041 Tool bid apron that covers the torso and extents to the upper thigh. 89050 Tool tub/ roll. 89055 Drill Holster

The applicable subheading for item 10054, the attache case of aluminum, will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, other, other, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for items 89003, 89004, 89021, 89022, 89024, 89050 and 89055, will be 4202.92.9026, HTS, which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 18.1 percent ad valorem.

The applicable subheading for item 89041, the bid apron, will be 6211.43.0091, HTS, which provides for track suits, ski-suits and swimwear and other garments: other garments, women’s or girls’: of man-made fibers: other. The duty rate will be 16.2 percent ad valorem

HTS 6211.43.0091 falls within textile category designation 659. 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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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