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NY 873365

APR 22 1992

CLA-2-63:S:N:N3G:345 873365


TARIFF NO.: 6307.90.9480; 6217.10.0030

Mr. Lembi Buchanan
Elmar Company
35B Perini Road
Elliot Lake, Ontario Canada P5A 2T1

RE: The tariff classification of a "Kidney or Back Belt", "Armband", "D-ring Holder" from Canada.

Dear Mr. Buchanan:

In your letter dated March 25, 1992, you requested a tariff classification ruling.

The following samples were submitted:

A. The "Kidney or Back Belt" is composed of wool felt fabric with strips similar to the VELCRO brand loop fastener for closure. Sewn onto the back are web straps for support. It measures approximately 17 1/2 inches long and 7 5/16 inches wide at its widest point. The article is designed to keep the lower back and kidney area warm while working in a cold, damp or drafty environment.

B. The "Armbands" are constructed of elasticized fabric sewn into a loop with plastic buckles which can be used to adjust the size of the loop. Sewn onto one side is a "3M Reflective Tape".

C. The "D-ring Holder" is made of 100 percent nylon web fabric measuring approximately 1 inch wide with the two ends sewn together. Attached is a strap composed of the same fabric with a metal snap fastener to keep it on the safety belt.

The applicable subheading for the "Kidney or Back Belt" and the "D-ring Holder" will be 6307.90.9480, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other: Other: Other, other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the "Armbands" will be 6217.10.0030, HTS, which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories, of man-made fibers. The rate of duty will be 15.5 percent ad valorem.

Goods classifiable under subheading 6307.90.9480 and 6217.10.0030, HTS, which have originated in the territory of Canada, will be entitled to a 4.2 percent and 9.3 percent, respectively, rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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