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NY C89996

July 22, 1998

CLA-2-95:RR:NC:2:224 C89996


TARIFF NO.: 4202.92.3031; 9506.99.6080

Ruth Ludy

Pam & Frank (U.S.A.) Inc.

3676 Clarkston Rd., Suite B

Clarkston, MI 48348

RE: The tariff classification of in-line skating protective equipment and carrying bag from China.

Dear Ms. Ludy:

In your letter dated July 6, 1998, you requested a tariff classification ruling.

You are requesting the tariff classification on protective equipment used while in-line skating, packed in a carrying bag. The protective gear includes knee pads, elbow pads, and wrist guards. All the equipment is constructed of textile and plastic materials. The carrying bag is a generic tote bag of the kind designed to contain clothing or other personal effects or property, during travel. It is not specially shaped or fitted to contain a specific article or set of articles. It is of a kind normally sold on its own as a travel bag. It does not appear to be adapted to the sporting goods, nor are the sporting goods and carrying bag mutually complementary. The purpose and use of the carrying bag is to organize whatever the contents, while providing storage and portability.

The applicable subheading for the protective gear used while in-line skating will be 9506.99.6080, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports...parts and accessories thereof: Other: Other: Other...Other." The rate of duty will be 4.1 percent ad valorem.

The applicable subheading for the generic tote (carrying) bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for "Trunks, suitcases, vanity cases, attache cases...and similar containers; traveling bags, toiletry bags...cutlery cases and similar containers,...of textile materials...(con.): Other...Other: Of man-made fibers: Other." The duty rate will be 19 percent ad valorem.

The carrying bag submitted with sporting goods falls within textile category designation 670. As a product of China this merchandise is subject to quota and visa requirements based upon international trade agreements.

Due to the changeable nature of these agreements you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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 Tom McKenna at 212-466-5475.


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