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NY I83987




July 29, 2002

CLA-2-65:RR:NC:3:353 I83987

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060, 4202.92.3031, 6404.19.90

Mr. Scott Whitlock
Elimitrax
3433 S. Campbell, Suite T
Springfield, MO 65807

RE: The tariff classification of an Elimitrax system in a bag from China.

Dear Mr. Whitlock:

In your letter dated July 2, 2002 you requested a tariff classification ruling.

The submitted sample is called an Elimitrax System in a Carrying Case and consists of an Elimitrax Over Boot System, cap and carrying case. The items will be sold together in the carrying case at retail. The Patented Elimitrax Over Boot System was the subject of ruling NY I80920, dated May 10, 2002 (copy attached). The Elimitrax baseball-style cap is constructed of woven 100% cotton twill fabric and features a peak, six-panel construction with embroidered front panels, vent holes, adjustable fabric strap at the back and a sweatband. The carrying case is a travelling bag. It is constructed wholly of man-made fiber textile materials.

Elimitrax System in a Carrying Case is not considered “goods put up in sets for retail sale” because the Elimitrax system and cap are not put up together to meet a particular need or carry out a specific activity.

As noted in ruling NY I80920, the applicable subheading for the Patented Elimitrax Over Boot System will be under subheading 6404.19.90.

The applicable subheading for the Elimitrax baseball-style cap will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabricwhether or not lined or trimmed: Other: Of cotton, flax or both: Not knittedheadwear of cotton, Other.” The rate of duty will be 7.6% ad valorem.

The applicable subheading for the travelling bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for “Travel, sport and similar bags with an outer surface of textile materials, of man-made fibers.” The rate of duty will be 18.1% ad valorem.

There are no quota restrictions or visa requirements on this merchandise.

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

Sincerely,

Robert B. Swierupski
Director,

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