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NY I89258




December 20, 2002

CLA-2-95:RR:NC:2:224 I89258

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.99.1200

Mr. Joel G. McClure
Restoration Hardware
2391 West Winton Avenue
Hayward, CA 94545

RE: The tariff classification of a Badminton Set and a separate Shuttlecock Set from China.

Dear Mr. McClure:

In your letter dated December 10, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is designated as Style 4285-0009, a Badminton-Set. The set includes the following components: 4 bamboo badminton rackets, 2 steel net poles, a cotton carrying case shaped to contain the set, a polyethylene net, 4 plastic stakes, 6 shuttlecocks and 2 pieces of nylon rope. You are further requesting the tariff classification on a 6-piece Shuttlecock Set, Style 4285-0012. The shuttlecocks are composed of duck feathers and cork (on the tips). You have not requested the return of your samples.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3 (b) provides that the term “put up in sets for retail sale” means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without re-packing. Both the Badminton Set (Style 4285-0009) and the Shuttlecock Set (Style 4285-0012) are considered sets for tariff classification purposes and they will be classified in Chapter 95 of the HTSUSA as other articles and equipment for badminton.

The applicable subheading for the Badminton Set, Style 4285-0009, and the Shuttlecock Set, Style 4285-0012, will be 9506.99.1200, Harmonized Tariff Schedule of the United States (HTS), which provides for badminton articles and equipmentand parts and accessories thereof: other. The rate of duty will be 5.6 % ad valorem.

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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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