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NY J81113




February 11, 2003

CLA-2-95:RR:NC:2:224 J81113

CATEGORY: CLASSIFICATION

TARIFF NO.: 9506.19.8080

Ms. Barbara Nichols
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, CO 80301

RE: The tariff classification of a five panel back brace from Italy.

Dear Ms. Nichols:

In your letter dated February 4, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as a five panel back brace (style 1434) that is used during such outdoor activities as skiing or snowboarding to provide back support when engaged in these sports. The back brace is constructed of both 100 % nylon and 100 % polyethylene materials, in its fabric portions, and the plastic sections are composed of 70 % polyurethane and 30 % ABS resins. The back brace will be classified in Chapter 95 of the HTS as other equipment for skiing and snowboarding. You have not requested the return of your sample.

The applicable subheading for the five panel back brace, style 1434, will be 9506.19.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sportssnow-skis and other snow-ski equipment; parts and accessories thereof: otherother. The rate of duty will be 2.8 % 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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