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NY J88856




September 30, 2003

CLA-2-42:RR:NC:3:341 J88856

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060

Richard A. Rivkin
President
C/o L.G. Traders, Ltd.
205 Huehl Road
Northbrook, IL 60062

RE: The tariff classification of a Pouch for Industrial Gloves from China

Dear Mr. Rivkin:

In your letter dated September 15th, 2003 you requested a tariff classification ruling. The ruling request is on behalf of Salisbury Electrical Products.

The submitted sample is identified as model 55-14. It is a belt bag wholly made up of woven polypropylene fabric that is wholly covered with plastic on both sides. The bag has a flap closure and double snaps. It has a plastic belt clasp sewn to a leather patch on the rear. Model 55-14 measures 16” x8” x4” at the top and tapers to 3” at the bottom. The belt bag is of a kind similar to a tool pouch and is designed to contain a pair of heavy electrician’s gloves.

You have suggested classification within tariff number 3923.29.000, HTSUSA. Classification within Heading 3923 is subject to Chapter 39,Legal Note 2(ij) which excludes from Chapter 39 goods that are classifiable in Heading 4202, HTSUSA.

Heading 4202 provides eo nomine for “tool bags’ and all similar articles. Model 55-14 is an article of a kind similar to the “tool bags” of Heading 4202 and is therefore excluded from classification in heading 3923.

The applicable subheading for the Pouch for Industrial Gloves will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other containers, other, with outer surface of sheeting of plastic, other, other, other. The rate of duty 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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