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NY N023446




March 11, 2008

CLA-2-42:OT:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980, 4202.92.3031

Bill Bedwal
Goal-Tek Innovations Ltd
4932 Cordova Bay Road
Victoria, BC
Canada V8Y 2K2

RE: The tariff classification of sports bag, travel bag and hydration panels from China

Dear Mr. Bedwal:

In your letter dated January 28, 2008 you requested a classification ruling. The samples which you submitted are being returned as requested.

The sample identified as the GTI team kit bag was submitted without a style number. The item is a sports bag constructed with an outer surface of man-made textile material. It is designed to provide storage, organization, protection, and portability for clothing and other personal effects during travel. The bag features an interior compartment with an open pocket on the side wall. It also features a separate zippered bottom compartment that extends along the width and depth of the bag. This compartment has two large webbed pockets that secure with hook and loop closures. The bag has a top zippered opening and two carrying handles. It is designed to be carried by hand, or carried over the shoulder by means of a removable, adjustable shoulder strap. The exterior of the bag has a zippered pocket at one end. It measures approximately 21” (W) x 17” (H) x 12” (D).

The sample identified as the GTI boot bag was submitted without a style number. The item is a travel bag constructed with an outer surface of man-made textile material. It is designed to contain toiletries and other personal effects during travel. The interior features a single compartment with no additional features. It has a top zipper closure and a carrying handle at one end. The front exterior of the bag has a divided zippered pocket with an elastic band to hold items in place. It measures approximately 15.5” (W) x 7.5” (H) x 6.5” (D).

The samples identified as the 3 bottle and 12 bottle hydration panels were also submitted without a style number. The hydration panels are hanging storage panels designed for use during sporting events to keep participants’ water bottles clean and organized. The panels are made of textile fabric heavily and visibly coated on both sides with plastics. This construction is considered to be of plastics for tariff classification purposes. The panel is designed to hang onto a net or fence by means of two carabiner style hooks. There is a webbed handle at the top so the panel can be carried. The panels have either 3 or 12 ventilated pockets to hold water bottles or similar size accessories. The pockets are numbered so that team members can identify their individual water bottles.

The applicable subheading for the sports bag and travel 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.

The applicable subheading for the 3 bottle and 12 bottle hydration panels will be 3926.90.9980 HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 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/.

HTSUS 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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