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NY N022268

February 14, 2008



TARIFF NO.: 9506.99.6080; 4202.92.3020; 8201.10.0000

Ms. Zoe Greye
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124

RE: The tariff classification of an avalung backpack, an avalanche probe, and a snow shovel from the Philippines and Taiwan

Dear Ms. Greye:

In your letter dated January 22, 2008, you requested a classification ruling.

You are requesting the tariff classification on three products as follows: an avalung backpack, a snow shovel, and an avalanche probe. The three items packaged together will be called the Bandit Avalung Package. The avalung backpack is a backpack that is outfitted with a breathing apparatus called an avalung that enables one to breathe for a short time when buried under the snow. The backpack is constructed with an outer surface of man-made textile material. It is designed to provide storage, protection, portability and organization to clothing and other personal effects during travel. The metal snow shovel has a recessed handle that stays closed when not in use. The avalanche probe is foldable for convenience sake when transporting it. The samples will be returned, as requested.

The three products will not be considered a set for the purposes of the tariff because the products put up together are not of a kind normally sold together and do not meet one specific need.

Although the Bandit Avalung Package is sold and marketed together, each item must be separately marked with the proper country of origin before the final packing occurs.

The applicable subheading for the avalung backpack will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, backpacks. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for the avalanche probe will be 9506.99.6080, Harmonized tariff Schedule of the United States (HTSUS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sportsor outdoor gamesparts and accessories thereof: other: otherother. The rate of duty will be 4 percent ad valorem.

The applicable subheading for the snow shovel will be 8201.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoesbill hooks and similar hewing toolsspades and shovels, and parts thereof. The rate of duty will be free.

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/.

HTSUS 4202.92.3020 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. 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 Wayne Kessler at 646-733-3025.


Robert B. Swierupski

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