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NY K81270





December 3, 2003
CLA-2-42:RR:NC:TA:341 K81270

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 4205.00.8000; 8708.99.8080; 4202.92.9026

Mr. Tom Keriotis
The Allen Company, Inc.
525 Burbank St.
P.O. Box 445
Broomfield, CO 80038-0445

RE: The tariff classification of a fanny pack, lanyard, mittens, fender bag, cargo bag and saddlebag from China.

Dear Mr. Keriotis:

In your letter dated November 7, 2003, you requested a classification ruling for a fanny pack, lanyard, mittens, fender bag, cargo bag and saddlebag.

The samples submitted are identified as style numbers 19074, 700A and 11423A. They are as follows.

Style 19074, described as “Hunter’s Fanny Pack”, is a fanny pack with various size pockets designed to be worn around the waist to contain personal effects and accessories while traveling. It is manufactured with an exterior surface of camouflage man-made fiber textile materials.

Style 700A is a braided leather call lanyard. It is constructed by using two braids of leather. These are braided together and tied together, allowing the four ends to hang down. You state your belief that the proper classification for the lanyard is subheading 6307.90.9889, HTSUSA, which provides for other made up articles of textile, other. However, the lanyard is of leather and is more specifically provided for in heading 4205.00.8000, HTSUSA, which provides for other articles of leather, other, other.

Style 11423A, described as an “ATV 5-piece Set”, consists of the following items described as A, B, C and D. Each item is designed to be attached to an ATV vehicle.

Item A, described as “ATV Insulated Hand Covers, consists of a pair (2) of mittens which are designed to be slipped over the steering grips of the ATV and are used to protect the driver’s hands.

Item B, C and D, the fender bag, front cargo bag and saddle bag are specially designed for use with an ATV to provide storage, protection and organization for automotive accessories and other personal effects while traveling. Each bag is manufactured with an exterior surface of camouflage man-made fiber textile material. You have stated that the correct classification for the “ATV 5-Piece Set” is 8708.99.8080, HTSUSA, which provides for parts and accessories of the motor vehicles of headings 8701 and 8705: other parts and accessories: other: other: other, other, other. We disagree with your proposed classification because, first, although the items are imported packed ready for retail as a set, for classification purposes the items are not considered to be a set. Each item will be separately classified. Secondly the items are designed for the organization and portability of automotive accessories and other personal effects and are not considered to be automotive parts or accessories.

Your samples are being returned as requested.

The applicable subheading for style 19074, the fanny pack, will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.8 percent ad valorem.

The applicable subheading for style 700A, the braided leather lanyard, will be 4205.00.8000, HTS, which provides for articles of leather or of composition leather: other: other. The duty rate will be Free.

The applicable subheading for style 11423A, the hand covers (mittens) will be 8708.29.5060, HTS, which provides for Parts and accessories of the motor vehicles of heading 8701 to 8705: Other parts and accessories: Other: Other: Other Other. The duty rate will be 2.5 percent ad valorem.

The applicable subheading for style 11423A, the fender bag, cargo bag and saddlebag 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 17.8 percent ad valorem.

HTS 4202.92.3031 and 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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