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NY I88416




November 22, 2002

CLA-2-63:RR:NC:N3:351 I88416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 9305.29.2000, 9305.29.5000, 5609.00.3000, 8202.10.0000

Mr. Tom Keriotis
The Allen Co., Inc.
525 Burbank St.
P.O. Box 445
Broomfield, CO 80038-0445

RE: The tariff classification of hunter's accessories from China and Taiwan.

Dear Mr. Keriotis:

In your letter dated November 11, 2002, you requested a ruling on tariff classification. You submitted seven samples and a picture of another.

Style no. 2055A is a polyester elastic shotgun shell holder. It is a sleeve that stretches over the butt of a shotgun; a length of two-inch elastic is stitched to create five slots for shells. Style no. 2066A, a rifle cartridge holder, is identical, but it has nine slots for rifle shells.

Style no. 211A is a polyester shotgun shell belt. It is a two-inch wide webbed belt with a plastic adjuster and buckle. Stitched onto it is a 1½” elastic band with slots to hold 25 shotgun shells. Style no. 212A, a rifle cartridge belt, is identical, except that it will hold 20 rifle cartridges.

Style no. 53A is a treestand rope; your letter states that it is polyester but the packaging says nylon. The rope is of compact braided construction and is looped at each end; the loop is held by a metal ferule. It is packaged with two plastic hooks. An illustration on the packaging shows a hunter in a treestand using the rope to raise or lower gear with the rope.

Style no. 694A is a braided polyester call lanyard. It is constructed by using two braids with textile cores. These are braided together and tied together, allowing the four ends to hang down. Each of the ends is looped with a sliding knot to create holders for four game calls. You state your belief that the proper classification for the lanyard is subheading 5607.49.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, ropes and cables, whether or not plaited or braided, of polyethylene or polypropylene, other, other. However, it is considered to be a made up article, not merely cord.

Style nos. 186A and 187A are steel hack saws. 186 has a plastic handle and 187, a folding aluminum handle and a spare blade packaged with it. You state your belief that the proper classification for style 186 is subheading 8908.99.10, HTS; no such subheading exists.

The applicable subheading for style nos. 211A, 212A, and 694A will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.

The applicable subheading for style no. 2055A will be 9305.29.2000, HTS, which provides for “Parts and accessories of articles of headings 9301 to 9304: Of shotguns or rifles of heading 9303: Other: Of shotguns, including shotgun-rifle combinations: Other.” The general rate of duty will be Free.

The applicable subheading for style no. 2066A will be 9305.29.5000, HTS, which provides for “Parts and accessories of articles of headings 9301 to 9304: Other: Of rifles: Other.” The general rate of duty will be Free.

The applicable subheading for style no. 53A will be 5609.00.3000, HTS, which provides for “Articles of yarn, . . . twine, cordage, . . . not elsewhere specified or included: . . . Of man-made fibers.” The general rate of duty will be 5.4 percent ad valorem.

The applicable subheading for style nos. 186A and 187A will be 8202.10.0000, HTS, which provides for “Handsaws, and parts (except blades) thereof.” The general rate of duty will be Free . We note that your packaging has the Colorado address of your company; some even say “Made in the USA.” However, if a U.S. reference, such as “Colorado,” appears on the imported items, it is necessary to consider the necessity for additional marking. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the name of any city or locality in the United States appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin, in this case either Taiwan or China, preceded by “Made in,” Product of,” or other words of similar meaning. The purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good.

In no case may these items be labeled “Made in the USA.”

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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