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NY J85427




June 18, 2003

CLA-2-63:RR:NC:TA:351 J85427

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Steven H. Wang
Steven Hsien-Lin Wang DBA WHL
Customs Broker Services
11222 S. LaCienega Blvd., Suite #355
Inglewood, CA 90304

RE: The tariff classification of a “Bondage Pack” from China.

Dear Mr. Wang:

In your letter dated June 5, 2003, on behalf of Lloyd Industries Inc., you requested a tariff classification ruling.

The sample submitted is a “Bondage Pack,” style number 902, which consists of two pairs of restraint bands and a blind fold. The restraint bands are made of two textile panels. One panel is constructed of 100 percent polyester knit pile fabric and the other is a man-made woven fabric panel. The two panels are sewn together to create a 12-inch long by 3½-inch-wide band. Each band has a hook-and-loop fastener closure. Attached onto each band are two narrow woven fabric straps.

The blind folder is constructed of two layers of man-made textile fabrics. The layers of material are sewn together with a woven textile binder around the edges. It is held onto the face by a narrow lace elasticized textile fabric.

You asked for advise if the above merchandise is under Chapter 95, Harmonized Tariff Schedule of the United States (HTS), which provides for toys, games and sports equipment, parts and accessories thereof or if under Chapter 62, HTS, which provides for articles of apparel and clothing accessories, not knitted or crocheted. The product is designed to restrain an individual, not for frivolous amusement or used as an accent to apparel. It is not a toy or wearing apparel.

The applicable subheading for the “Bondage Pack” will be 6307.90.9889, HTS, which provides for other made up articles . . . Other. The rate of duty will be 7 percent 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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