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NY L86374




July 27, 2005

CLA-2-63:RR:NC:N3:351 L86374

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989, 4202.92.3031

Marsha McCabe
Midwest Gloves and Gear
P.O. Box 260
Chillicothe, MO 64601

RE: The tariff classification of tool belts and a tote bag from China

Dear Ms. McCabe:

In your letter dated July 8, 2005, you requested a tariff classification ruling.

The submitted samples are a child’s tool belt, an adult tool belt, and a mesh tote bag. The child’s tool belt is identified as Style #18BA6K. It consists of a 100 percent woven polyester textile fabric shell that measures approximately 7½”W x 8”H with a 100 percent PVC backing. The front of the shell features two open 100 percent nylon net open pockets. One measures approximately 3”W x 5½”H and the other one measures approximately 4”W x 4”H. The item features an adjustable webbed belt.

The adult tool belt is identified as Style #18BA6. It is constructed of the same materials as the child’s belt. The shell measures approximately 13”W x 11”H. The front of the shell features three open mesh pockets that measure approximately 4¼” x 2¾”H and two open woven pockets that measure approximately 5½”W x 6¼”H. An adjustable webbed belt is attached to this belt as well. Both belts are designed to hold garden hand tools and the like.

The applicable subheading for the tool belts will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

Style #21 is a generic open-top mesh tote bag constructed of nylon knit fabric. It measures approximately 13”W x 14 ½”H x 7”D and features webbed carrying straps.

The applicable subheading for the mesh tote bag will be 4202.92.3031, HTS, which provides for travel, sport, and similar bags with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The samples will be returned as requested.

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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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