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NY J87976




August 21, 2003

CLA-2-42:RR:NC:3:341 J87976

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Irwin Seltzer
UTI United States
2975 Kennedy Blvd.
Jersey City, NJ07306

RE: The tariff classification of a “Hometrac” nylon carrying case from Thailand

Dear Mr. Seltzer :

In your letter dated August 10,2003 you requested a classification ruling. The request is on behalf of The Saunders Group, Inc.

A style number has not been provided and your letter does not indicate which particular article the case is designed to carry. However, you have advised this office by telephone that the request involves the carrying case for the article identified as “The Saunders Cervical HomeTrac as shown on the Saunders Internet WEB site. As shown, the carrying case is designed to contain an orthopedic device called “The Cervical HomeTrac (HomeTrac ) . The later is a device designed for therapeutic use at home by an individual to relieve cervical muscular/skeletal pain by providing traction to the person’s cervical region.

The case is wholly of man-made textile materials and is like a suitcase. It is sized and shaped specifically for The Cervical HomeTrac. It will be presented without the HomeTrac. The sample may or may not be presented with a foamed plastic insert that is specially fitted to contain the HomeTrac.

You contend that the carrying case should be classified within Chapter 90, heading 9018, HTSUSA, which generally provides for medical, surgical, dental, or veterinary sciences instruments and appliances, parts and accessories thereof. HTSUSA.

Whether or not the HomeTrac device itself is properly classified within heading 9018 is not herein decided. However, for purposes of this ruling, it is sufficient to note that goods classified within the “Parts and Accessories subheadings of Chapter 90, HTSUSA, do not include containers or cases that are otherwise provided in heading 4202, HTSUSA

The HomeTrac carrying case is properly classified with other similar specially shaped or fitted cases of heading 4202, HTSUSA.

The applicable subheading for the HomeTrac carrying case, of man-made textile materials, will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for other containers and case with outer surface of textile materials, of man-made fibers. The duty rate will be 17.8% ad valorem. The classification applies whether or not the carrying case is presented containing the foamed insert.

Goods classified within HTS 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of Thailand are not currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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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