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NY I83866

July 22, 2002

CLA-2-95:RR:NC:2:224 I83866


TARIFF NO.: 9506.29.0040; 4202.92.9060;

Paul Anuschat
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, Oregon 97208-8829

RE: The tariff classification of two flotation devices and two amplifier cases from China.

Dear Mr. Anuschat:

This letter replaces the ruling letter we sent to you under file number I81791. The purpose of this replacement letter is to correct a clerical error that was made in NY I81791 dated May 24, 2002.

The merchandise consists of two flotation devices and two amplifier cases: one soft-sided and one constructed of hard plastic. The flotation devices are comprised of two textile items of differing styles that are labeled “Hydrofit”. The flotation devices, called buoyancy or resistance cuffs, are designed for wearing around the ankles or wrists of aquatic exercise participants while in the water. Linking several of the cuffs together will allow them to fit around the waist, also. The flotation devices will be imported individually and will ultimately be combined with domestic foam material. The zippered compartment will hold the fitted foam. The correct classification will be in Chapter 95 of the HTSUSA as other water sport equipment.

In addition to the flotation devices, you will also be importing two styles of cases that are constructed to hold/house amplifiers. The amplifiers will be domestically produced, and the cases will be imported. The amplifiers will be utilized by the aquatic exercise instructor who will be sitting poolside, while instructing the exercisers. Each of the amplifier case styles is made of a plastic material that will protect the enclosed amplifier against damage from splashing water. The soft-sided style case for the amplifier is a zippered carry case that is a fitted container designed to contain the finished amplifier. It will be classified in Chapter 42 of the HTSUSA as an other container or case with outer surface of sheeting of plastic. The molded plastic amplifier case is actually a housing for the amplifier, and as such qualifies as a part of an amplifier in Chapter 85 of the HTSUSA. The cases will be returned, as requested.

The applicable subheading for the two styles of “Hydrofit” buoyancy devices will be 9506.29.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles and equipment for general physical exercise, gymnastics, athletics, other sportsparts and accessories thereof: Water skis, surf boards, sailboards and other water sport equipment; parts and accessories thereof: OtherOther.” The rate of duty will be free.

The applicable subheading for the soft-sided amplifier carry case will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera casesOther: With outer surface of sheeting of plastic or of textile materials: OtherOther: Other.” The rate of duty will be 18.1 % ad valorem.

The applicable subheading for the molded plastic amplifier housing will be 8518.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “MicrophonesAudio-frequency electric amplifiers;parts thereof: Other.” The rate of duty will be 4.9 % 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 Tom McKenna at 646-733-3025.


Robert B. Swierupski

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