CLA-2-85:RR:NC:1:112 G88068

Mr. Dennis Heck
Yamaha Corporation of America
6600 Orangethorpe Avenue
P.O. Box 6600
Buena Park, CA 90622-6600

RE: The tariff classification of silent instruments and cases from Japan

Dear Mr. Heck:

In your letter dated January 23, 2001 you requested a tariff classification ruling.

As indicated by the submitted information, the silent instruments in question are identified as the Yamaha SVC-100 Silent Electric Cello and the SVB-100 Silent Electric Bass. Each of these units employs a piezo pickup sensor with built-in reverb. The silent design allows the musician to practice or play without disturbing others.

Samples of style SC1S and BSC1, the nylon carrying cases for the cello and bass, respectively, have not been submitted. Based upon catalog illustrations, each item appears to be a specifically shaped carrying bag for a specific instrument. Style SC1S is designed to carry the SVC-100 Silent Electric Cello, and style BSC1 is designed to carry the SVB-100 Silent Electric Bass. Each case is made of 100 percent nylon textile materials.

The applicable subheading for the Yamaha SVC-100 Silent Electric Cello and the SVB-100 Silent Electric Bass will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, …, not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem. The applicable subheading for the SC1S and BSC1 nylon cases will be 4202.92.9026, HTS, which provides for cases with outer surface of sheeting of plastic or of textile materials: Other: Other: Other. The rate of duty will be 18.3 percent ad valorem.

The SC1S and BSC1 nylon cases fall within textile category designation 670. Based upon international textile trade agreements, products of Japan are subject to the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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 David Curran at 212-637-7049.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division