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NY D82827

October 9, 1998

CLA-2-42:RR:NC:TA:341 D82827


TARIFF NO.: 6307.90.9989; 4202.92.9026

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
5995 Opus Parkway, Suite 201
Minnetonka, MN 55343

RE: The tariff classification of a garden belt, a sheath , tool pouch and a cellular phone holder from China.

Dear Mr. Anderson:

In your letter dated September 17, 1998, on behalf of Portable Products Div., you requested a classification ruling.

You have submitted four samples with your request. They are as follow:

Item 1, described as a "Garden Belt", has a webbed adjustable belt with quick release plastic buckle. The tool belt has three pockets or pouches attached designed to contain a gardener's tools, implements and accessories.

Item 2, described as a "Pruner Sheath", is a holster type pouch manufactured primarily of nylon. This pouch has a combination of two open pockets in one. The inner pocket is made of woven nylon and the outer pocket is a coated mesh construction which allows dirt and water to drain. The pouch is designed to be clipped onto pants or a belt by means of a rear plastic clip.

Item 3, described as a "Gardener Tool Pouch", is a holster designed to be worn on the belt similar to the above item of woven nylon, coated mesh and a plastic clip.

Item 4 is a cellular phone holder manufactured with an outer surface of woven nylon with foam padding. The item has a rear spring steel clip designed to be attached to a belt or tool belt.

The applicable subheading for Item 1, the garden belt of textile materials, will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles... Other: Other: Other. The duty rate will be 7 percent ad valorem.

The applicable subheading for Items 2, 3 and 4, the sheath, tool pouch and cellular phone holder of man-made textile materials, will be 4202.92.9026, HTS, which provides in part for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19 percent ad valorem.

Items 2, 3 and 4 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 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 Kevin Gorman at 212-466-5893.


Robert B. Swierupski

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