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NY 815266

October 23, 1995

CLA-2-42:R:N5:341 815266


TARIFF NO.: 4202.92.9025; 6307.90.9989

Mr. Gary S. Lewin
E. Besler & Company
P.O. Box 66361
Chicago, IL 60666-0361

RE: The tariff classification of tool holders and a tool holder belt from China.

Dear Mr. Lewin:

In your letter dated September 25, 1995, on behalf of Midwest Air Technologies, Inc., you requested a classification ruling for tool holders and a tool holder belt.

You have submitted two samples of garden tool holders with your request, no style numbers were indicated. The first item is a garden tool holder measuring approximately 9 1/2"(W) x 11 1/2"(H) designed to be worn on the belt. The second item consists of a holster type tool holder with an adjustable webbed belt with a quick release buckle. Each item is packaged for retail sale on its own. Both items are designed with divided pocket to contain hand tools and accessories. The items are composed of 100 percent cotton canvas fabric and man-made textile material. They are equally of cotton and man-made textile material. There is no essential character. Therefore, the material which appears last in the tariff applies. The items are of man-made material.

The applicable subheading for the tool holders will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, tool bags and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19.8 percent ad valorem.

The applicable subheading for the tool holder belt of webbed textile material will be 6307.90.9989, HTS, which provides for Other made up articles... Other: Other, other. The duty rate will be 7 percent ad valorem.

Items classifiable under 4202.92.9025 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and 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. 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 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 212-466-5893.


Roger J. Silvestri

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