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NY H82574




June 28, 2001

CLA-2-63:RR:NC:TA:351 H82574

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Ryan Gellert
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124

RE: The tariff classification of a crash pad shell from China.

Dear Mr. Gillert:

In your letter dated June 18, 2001, you requested a tariff classification ruling. The sample is being returned as requested.

The sample submitted is a crash pad shell. After importation into the United States, a foam material will be inserted into the article. It is made of two textile panels. One panel is constructed of woven textile fabric and the other a brushed knit fabric. The panels are sewn together to create the article. It features an opening at each end with hook and loop closure.

You believed that the crash pad shell should be classified in subheading 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 (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter, swimming pools and wading pools; parts and accessories thereof: Other: Other: Other, other. Equipment used in the sport of rock climbing is covered in Chapter 95. Ropes, climbing axes, rock climbing harnesses and slings are equipment. The pad does not help or enhance the rock climber’s ability to climb.

The applicable subheading for the crash pad shell will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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