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NY L82684




March 3, 2005

CLA-2-85:RR:NC:N1:112 L82684

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050; 6505.90.7090; 8302.49.6055; 8302.49.8040

Brian Wavra
Sourcing Manager,
JOHNSON OUTDOORS, INC.
555 Main St.
Racine, WI 53403

RE: The tariff classification of a locator light, hat and oar lock from China, Taiwan or Thailand

Dear Mr. Wavra:

In your letter dated February 14, 2005, you requested a tariff classification ruling.

The first item concerned is the ES-LITE. It is a small bulb encased in a hard plastic bubble fitted onto the front of a figure-eight-shaped piece of hard plastic measuring 2” in length and 1” in width. Attached to one end of the figure-eight-shaped piece of hard plastic is a plastic-insulated wire which attaches to a plastic-enclosed battery. The item, with attached battery, is approximately 18” in length. You state that the item is waterproof and that the bulb illuminates when placed underwater.

The ES-LITE is meant to be attached to an article of clothing and to illuminate if the wearer of the clothing falls into water.

The applicable subheading for the ES-LITE will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Electric ... visual signaling apparatus ... : Other apparatus: Other. The rate of duty, if imported from China or Taiwan, will be 1.3%; if imported from Thailand, Free.

The second item is the ES-BRIM. It is a woven nylon, oval-brimmed, unisex hat with a PU coating on the nylon and DWR applied to the fabric. You state that it is water resistant. The hat has oval strips of Velcro attached to the outer edge of each side of the brim and a corresponding oval strip of cloth at the bottom of each side of the crown. There is a zippered pocket in the center of one side of the crown and a sewn-in drawstring at one end of the crown. The hat has mesh lining and an adjustable chin string.

The applicable subheading for the ES-BRIM will be 6505.90.7090, Harmonized Tariff Schedule of the United States (HTS), which provides for Hats ... made up from ... other textile fabric ... : Other: Of man-made fibers: Other: Other: Other. The rate of duty will be 6.8%.

The ES-BRIM falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The last item is CAR_LOCK. It consists of two 3 ½” brackets attached, by a small bolt, to a 3” center post and a loose 1 ½” screw. There are square holes near the unattached ends of each bracket through which the screw is placed to secure the brackets in place (with the aid of a lock nut which was not included with the sample provided).

The purpose of the CAR_LOCK is to act as a “lock” for a boat or raft oar when the oar handle is situated through an oar mount of the boat or raft. The center post of the “lock” slides into a hole at the top of the side of the boat or raft; the hole is located either between the hooks of the oar mount or at the top of the oar mount, itself. Then the brackets of the “lock” are placed on either side of the oar handle, the screw inserted through the holes at the open ends of the brackets and the lock nut twisted onto the screw to complete the “lock” around the oar handle.

The applicable subheading for the CAR_LOCK, if made from steel, will be 8302.49.6055, Harmonized Tariff Schedule of the United States (HTS), which provides for Base metal mountings, fittings and similar articles ... : Other mountings and fittings and similar articles: Other: Other: Of ... steel ...: Other: For ... vessels ... . The rate of duty, if imported from China or Taiwan, will be 5.7%; if imported from Thailand, Free.

The applicable subheading for the CAR_LOCK, if made from a brass alloy of which copper is prominent in weight, will be 8302.49.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for Base metal mountings, fittings and similar articles ... : Other mountings and fittings and similar articles: Other: Other: Other: For ... vessels ...: Of copper. The rate of duty, if imported from China or Taiwan, will be 3.5%; if imported from Thailand, Free.

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 ES-LITE, contact National Import Specialist Richard Laman at 646-733-3017; if you have any questions regarding the ES-BRIM, contact National Import Specialist Kenneth Reidlinger at 646-733-3053 and if you have any questions regarding the CAR_LOCK, contact National Import Specialist Barbara Kaiser at 646-733-3024.

Sincerely,

Robert B. Swierupski
Director,

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