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NY J88723




October 15, 2003

CLA-2-42:RR:NC:TA:341 J88723

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060

Joe L. Russell, II
Operations Manager
Haley Industries, LLC
2953 Sidco Drive
Nashville, Tennessee 37204

RE: The tariff classification of Lug Wrench Tool Pouch from China

Dear Mr. Russell:

In your letter dated September 9th, 2003, on behalf of the Nissan Motor Manufacturing Corporation and Russell Marketing Group, you requested a classification ruling.

You have submitted a sample with your request. It is not identified by style number. The sample is a lug wrench tool pouch of sheeting of plastic. The pouch has a top flap with hook and loop closure.

You have suggested classification with the tariff provision HTS 3923.29.0000 which provides, in part, for articles for the conveyance or packing of goods, sacks and bags, of other plastics. Goods classifiable in heading 4202 are excluded from classification in heading 3923 by Chapter 39 exclusion note 2(ij). The instant items are classifiable in heading 4202, therefore they are not classifiable in subheading 3924, HTS. Your samples are being returned as requested.

The applicable subheading for the item will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for tool rolls or tool bags, with outer surface of textile materials or of sheeting of plastic, other. The duty rate will be 17.8 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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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