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NY L85378




June 24, 2005

CLA-2-42:RR:NC:TA:341 L85378

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Yolanda Landau
Wilson Logistics, Inc.
270 Terminal Avenue
Clark, NJ 07066

RE: The tariff classification of a respirator carrying case from China.

Dear Ms. Landau:

In your letter dated May 27, 2005, on behalf of Global Protection LLC, you requested a classification ruling for a respirator carrying case.

The sample submitted is identified as “Respirator Pouch”. No style number was submitted. The item is a carrying case for a respirator commonly known as a “gas mask”. It is wholly of man-made fiber textile materials. It measures approximately 8.5” x 6” x 10”. The pouch features a belt and leg clip for easy use and control when in use and a removable shoulder strap. It is secured by means of a flap with hook and loop fastener in addition to plastic slide lock fasteners.

In your letter you suggested classification under subheading 9019.20.0000, HTSUSA, which provides in part, for parts and accessories of a gas mask. Classification within a “part and accessories’” provision is less specific than the provision for travel goods of heading 4202, HTSUSA. You have also suggested classification under subheading 9020.00.6000, HTS, which provides only for breathing accessories or gas masks. Since the item imported is neither, but a carrying case, the suggested classifications do not apply.

The applicable subheading for the respirator carrying case will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. 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.

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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