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NY 807195

March 7, 1995

CLA-2-42:S:N:N6:341 807195


TARIFF NO.: 4202.92.3030

Mr. Douglas R. Holmes
Cyrk, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of a waist pack containing a plastic bottle from Thailand and/or the Philippines.

Dear Mr. Holmes:

In your letter dated February 6, 1995, you requested a classification ruling for a waist pack containing a plastic water bottle.

The sample submitted, style MCS-75153, is a nylon waist pack containing a plastic water bottle designed to be worn around the waist. The main body of the bag features two zippered compartments, one mesh compartment and a center compartment designed to contain the water bottle. It measures approximately 12" x 6" x 2". For classification purposes the items are considered to be a composite as provided by GRI 3(b). The waist pack will impart the essential character. Your sample is being returned as you requested.

The applicable subheading for Style MCS-75153, the waist pack with the water bottle of plastic as a composite, will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), 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 19.8 percent ad valorem.

Items classifiable under 4202.92.3030 fall within textile category designation 670. Based upon international textile trade agreements products of Thailand and the Philippines are subject to the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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
New York Seaport

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