NY K82031 - The tariff classification of protective eyewear from Canada and drawstring pouches from China; the status under the North American Free Trade Agreement (NAFTA), of eyewear from Canada and drawstring pouches from China; Article 509 - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 2004 NY Rulings > NY K82010 - NY K82065 > NY K82031

Previous Ruling Next Ruling
NY K82031

December 31, 2003
CLA-2-90:RR:NC:MM:114 K82031

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9004.90.0000, 4202.32.9550

Mr. Rodney Ralston
UPS Supply Chain Solutions
One Trans-Border Drive
Champlain, NY 12919

RE: The tariff classification of protective eyewear from Canada and drawstring pouches from China; the status under the North American Free Trade Agreement (NAFTA), of eyewear from Canada and drawstring pouches from China; Article 509

Dear Mr. Ralston:

In your letter dated December 8, 2003, on behalf of Leader Sports, you requested a tariff classification ruling.

The submitted sample is protective eyewear for use while playing racquetball, squash or badminton, and a textile pouch for the eyewear. You state that the eyewear is made in Canada and that the pouch is wholly produced in China.

The tariff classification of eyewear pouches was addressed in Headquarters Ruling 964443 dated May 14, 2001. It was determined that eyewear pouches, regardless of whether imported in quantities equal to the eyewear (sunglasses), are classified separately in heading 4202, HTS.

The applicable subheading for the protective eyewear will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles and the like, corrective, protective or other. The general rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the drawstring pouch will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag: with outer surface of textile materials, other, other, of man-made fibers. The general rate of duty will be 17.6 percent ad valorem, and the quota category is 670.

Regarding NAFTA eligibility of the protective eyewear, you state that the eyewear is wholly obtained or produced entirely in the territory of Canada. The protective eyewear being wholly obtained or produced in the territory of Canada will meet the requirements of HTSUSA General Note 12 (b)(i), and will be entitled to a free rate of duty under the NAFTA upon compliance with all the applicable laws, regulations and agreements.

Noting that the eyewear pouch is wholly made in China, it does not satisfy the NAFTA eligibility requirements as specified in General Note 12 (b) HTSUSA. The eyewear pouch, of man-made fiber textile materials, is not eligible for NAFTA treatment.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

Your sample is being returned as requested.

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 on protective eyewear, contact National Import Specialist Barbara Kiefer at 646-733-3019. If you have any questions regarding the ruling on the drawstring pouch, contact National Import Specialist Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: