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NY J86183




June 23, 2003

CLA-2-42:RR:NC:3:341 J86183

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 4202.92.9026

Brian Wavra
Sourcing Manager
C/o Extrasport
5305 N.W. 35th Court
Miami, FL 33142-3203

RE: The tariff classification of a mesh tote bag, a throw bag with rope, and a life vest accessory bag with a webbed strap from China

Dear Mr Wavra:

In your letter dated June 13th, 2003 you requested a tariff classification ruling.

The first sample submitted, identified as Style ES MESHB is a tote bag constructed of 100 percent nylon mesh. Measuring approximately 9”W x 15”H, the bag has two loops on the bottom and a loop and a drawstring on the top.

The second sample submitted, identified as Style ES THR BAG, is described as a “throw bag”, which you indicate is used for rescue or towing operations. The cylindrical-shaped bag measures approximately 8 ½”H x 5”D. The item is constructed primarily of man-made textile fabric with a midsection of PVC mesh. It has a polypropylene webbing handle with an adjustable plastic buckle. The bag contains 100 percent nylon marine grade rope that can be retrieved through a metal grommet located on the bottom.

The third sample submitted, identified as Style ES RET PAK (Retro Pack), is a storage bag which you indicate is a life vest accessory which is attached to the back of a personal flotation device. The bag measures approximately 7”W x 10 ½”H and is constructed of 100 percent woven nylon, 100 percent nylon mesh, and 100 percent woven polyester. The nylon mesh portion is coated with 100 percent plastic. A zippered enclosure secures the top of the bag. Two strips of polypropylene webbing are attached to the back of the item with molded plastic fittings on both ends. One hundred percent polypropylene webbed straps with plastic fittings are stored in the bag. The bag is not insulated and not principally used to maintain the temperature of a stored beverage.

The fourth sample submitted, identified as Style ES RETFITKIT (Retro Fit Kit), is 100 percent polypropylene webbing with attached molded plastic hardware. You state that it is used as an accessory to the Retro Pack so that the user can attach it to a variety of different life vests.

All samples will be returned as requested.

The applicable subheading for the Style ES MESHB tote bag and Style ES THR BAG will be 4202.92.3031, Harmonized Tariff Schedule of the United States (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 17.8 percent ad valorem.

The applicable subheading for the Style ES RET PAK (Retro Pack) will be 4202.92.9026, HTS, which provides, in part, for other containers, with outer surface of textile materials or of sheeting of plastics, other The duty rate will be 17.8 percent ad valorem. If the ES RETFITKIT (Retro Fit Kit) is imported and presented for sale with the RES RET PAK (Retro Pack), the straps are classified therewith.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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