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NY N006524

February 20, 2007



TARIFF NO.: 9506.69.6020; 4202.92.3031

Mr. Jonathan W. Gravois
Fitec International
3525 Ridge Meadow Pkwy
Memphis, TN 38175-1788

RE: The tariff classification of a foam ball in a mesh bag from China

Dear Mr. Gravois:

In your letter dated February 8, 2007, you requested a classification ruling.

You are requesting the tariff classification on a product that is described as a sponge-foam rubber ball that is 68mm in diameter. Inside the ball is a 12mm diameter plastic ball that provides audio feedback when the bat makes contact with the ball. The ball is used for training purposes; its size and construction preclude its classification as a baseball. It will be classified as a ball, other. The bag submitted is a drawstring travel bag designed to provide storage, protection, organization and portability to personal effects. The top of the bag is secured by means of a drawstring closure. You did not provide the fiber content of the fabric of the bag but it appears to be manufactured of 100% man-made fiber textile materials. The sample will be returned, as requested by your office.

The item (the ball and bag together) is not considered a set for the purposes of the tariff. Rather, the foam ball and the textile drawstring travel bag are separately classified.

The applicable subheading for the foam ball with the inner plastic ball will be 9506.69.6020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sportsballs, other than golf balls and table-tennis balls: other, other, other. The duty rate will be 4.9 % ad valorem.

The applicable subheading for the drawstring mesh travel bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for trunks, suitcases, vanity casestraveling bagsother: with outer surface of sheeting of plastic or of textile materials: travel, sports and similar bags: with outer surface of textile materials: otherother: of man-made fibers: other. The duty rate will be 17.6 % ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The drawstring travel bag falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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