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NY I87910




November 5, 2002

CLA-2-63:RR:NC:TA:351 I87910

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889; 4202.92.3031

Mr. John Mattson
North Star World Trade Services, Inc.
980 Lone Oak Road, Suite 160
Eagan, MN 55121

RE: The tariff classification of a cover, bags and safety pads from China.

Dear Mr. Mattson:

In your letter dated October 17, 2002, on behalf of DB Industries, Inc., you requested a tariff classification ruling. The sample is being returned as requested.

The samples submitted are a shock absorber cover, marked as item number 1, bags, marked item numbers 3 and 4 and safety pads, marked item number 2. The shock absorber cover is made of a nylon woven fabric panel. The panel is folded and sewn closed with each end open. It measures approximately 12 inches long by 2 inches in diameter. You stated that the cover will also be imported in size of 10 inches long by 3.75 inches in diameter. The cover is used on a “Shock Absorbing Lanyard.”

The bags are zippered travel bags designed to contain personal effects during travel. They are manufactured with an exterior surface of nylon woven fabric. The bags measure approximately 12” x 21” x 19” and 7” x 7” x 14”.

The applicable subheading for the shock absorber cover will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the bags will be 4202.92.3031, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other of man-made fibers, other. The rate of duty will be 18.1 percent ad valorem.

It is not clear as to what you are requesting under country of origin marking. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

You inquiry does not provide enough information for us to give a classification ruling on the safety pads. Your request for a classification ruling should include a breakdown of component materials by weight and value. When this information is available, you may wish to consider resubmission of your request. We are returning the related samples. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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