CLA-2-95:RR:NC:2:224 J84950

Ms. Margaret Coyne
Regent Sports Corp
P.O. Box 11357
Hauppauge, NY 11788

RE: The tariff classification of baseballs and softballs packed in a mesh bag from China.

Dear Ms. Bryan:

In your letter dated May 16, 2003, you requested a tariff classification ruling. This ruling replaces New York ruling J83822.

You are requesting the tariff classification on two different types of balls: baseballs and softballs used in the sports of the same names. Both the baseballs and the softballs are constructed of synthetic coverings over cork centers. The balls are packaged and sold in a mesh bag. The correct classification will be in Chapter 95 of the HTS that provides a statistical breakout for both baseballs and softballs. The mesh bag will be dutiable with the balls because it is considered packing and is not separately classified in the HTS. The samples will be returned, as requested by your office.

The applicable subheading for the baseballs in the mesh bag will be 9506.69.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for balls, other than golf balls and table-tennis balls: other: baseballs and softballs...baseballs. The rate of duty will be free.

The applicable subheading for the softballs in the mesh bag will be 9506.69.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for balls, other than golf balls and table-tennis balls: other: baseballs and softballs...softballs. The rate of duty will be free.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division