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NY L89225




December 14, 2005

CLA-2-42:RR:NC:TA:341 L89225

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Joseph J. Kenny
J.F. Moran Co., Inc.
475 Douglas Pike
Smithfield, RI 02917

RE: The tariff classification of a Sport Bag from China.

Dear Mr. Kenny:

In your letter dated November 22, 2005, on behalf of Fuel Belt Corp., you requested a classification ruling for a Sport Bag.

The submitted sample is identified as “Fuel Belt®”. No style number was submitted. The item is primarily a sport bag designed and principally used to carry personal effects, including provisions, during activity such as hiking, walking or running. It is wholly made-up of man-made fiber textile materials and is worn on the waist similar to a waist bag. The bag has a main storage pouch and two smaller pockets with closures. The sport bag has two open bottle holders each containing a molded plastic sport drink bottle. The “Fuel Belt®” is presented on import put up for retail sale as a set and will not be subject to repacking in the United States. The sport bag component imparts the essential character.

In your letter you suggested classification under subheading 9506, HTS, which provides for articles and equipment for general physical exercise parts and accessories thereof or 3926, HTS, which provides for articles of plastics, other. However, the sport bag is of kind provided for in HTS 4202 as a travel, sports and similar bag. Chapter 95 and 39 are subject to exclusionary notes that preclude classification therein if the item is classifiable in heading 4202 HTS. Therefore the sport bag is more specifically provided for in heading 4202 and will be classified accordingly.

The applicable subheading for the sport bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, other of man-made fibers, other. The duty rate will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

HTS 4202.92.3031 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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