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NY L82357

March 2, 2005

CLA-2-42:RR:NC:3:353 L82357


TARIFF NO.: 4203.40.3000

Mr. Roberto Cuneo
1612 Jefferson Ave
Apt # 401
Miami Beach, FL 33139

RE: The tariff classification, country of origin determination and eligibility for preferential duty treatment under the Caribbean Basin Economic Recovery Act (CBERA) of a “holster” from Nicaragua

Dear Mr. Cuneo:

In your letter dated January 28, 2005 you requested a tariff classification ruling. As requested, the samples will be returned to you.

The submitted sample, called a “Holster”, consists of a belt with two (2) permanently attached pockets. This is a fashion item that will be worn to accessorize clothing. The pockets will measure from 4x4 inches to 8x8 inches. All the front pockets feature a flap with a buckle, snap or other type of securing mechanism. The “Holster” will come in sizes S/M, 40-42 inches and M/L, 46-48 inches. The “Holster” will be made of caiman or iguana leather on the front side of the belt and on the buckle. The back of the belt and pockets and the pocket linings will be made of pig leather.

The applicable subheading for the “Holster”* will be 4203.40.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles of apparel and clothing accessories, of leather or composition leather: Other clothing accessories: Of reptile leather. The general duty rate will be 4.9%.

You state that the country of origin is Nicaragua, but request a country of origin determination. You provide no information by which to make such a judgment.

Similarly, you ask if the merchandise is eligible for special treatment under the Caribbean Basin Economic Recovery Act. General Note 7 (b) (i), HTS, states that any article, which is the growth, product, or manufacture of a beneficiary country shall be eligible for duty-free treatment if that article is provided for in a subheading for which a rate of duty of "Free" appears in the "Special" subcolumn followed by the symbol "E" or "E*" in parentheses. Although the merchandise is “eligible” for treatment under the CBERA, you provide little information to make a determination if the CBERA actually applies to the merchandise in question.

To obtain answers you must supply full manufacturing information from the obtaining of the skins through the final step in making the “Holster.” This should be done step-by-step starting with the country of origin of the skins and progressing process-by-process including the country in which the process is performed.

Your inquiry does not provide enough information for us to give a classification ruling on The “Holster” consisting of a belt with removable pockets. Your request for a classification ruling should include a sample of the item in question. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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