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HQ 082524

July 31, 1989

CLA-2 CO:R:C:G 082524 SER


TARIFF NO.: 4202.12.8070 (HTSUSA)

Mr. John Bird
Bird and Cronin, Inc.
2601 East 80th Street
Minneapolis, MN 55420

RE: The tariff classification of a telemetry pouch from Taiwan.

Dear Mr. Bird:

This is in reference to your letter, received by our New York office on May 24, 1988, requesting a tariff classification ruling, under the Harmonized Tariff schedule of the United States Annotated (HTSUSA), for a telemetry pouch. A sample was submitted.


The sample is described as a telemetry pouch, model number 0814-8203, composed of a nylon knit fabric with a laminated foam back, and measures approximately 7-5/16 inches long by 5-11/16 inches wide. It has Velcro-type strips and straps attached to the sides and top. The pouch is used for holding a telemetry transmitter and it is designed to be worn on the person by use of the Velcro-type straps.


What classification should be assigned to the telemetry pouch under the HTSUSA.


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative Section or Chapter notes.

The Explanatory notes to heading 4202, HTSUSA, states that the expression "similar containers" as it appears in the legal text, 4202, prior to the semicolon, includes "holsters" and other similar items. In addition sheaths for hunting or camping
knives are also considered included within the expression "similar containers." Since the telemetry pouch is worn next to the body and is functionally similar to such items as a holster, the instant knit nylon fabric holder is classifiable under subheading 4202.12.8070, which provides for other made-up articles, of textile materials,


The merchandise at issue is classifiable under subheading 4202.12.8070, HTSUSA, which provides for trunks, suitcases, holsters and similar containers. The rate of duty is 20 percent ad valorem.


John Durant, Director
Commercial Rulings Division

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