CLA-2-95:OT:RR:NC:N4:424
Mr. Mark Bleckley
Van Andel Global Trade Center
401 W. Fulton Street NW
Grand Rapids, MI 49504
RE: The tariff classification of Archery Items from China
Dear Mr. Bleckley:
In your letter dated June 23, 2009, you requested a tariff classification ruling on behalf of Bohning Company.
Samples of a Three-Strap Arm Guard, Rigid Shooter’s Belt and Archery Accessory Bag used in the sport of archery were received with your request. The Strap Arm Guard, Part No. 1689, is made of a nylon exterior with a rigid PVC backing and a bonded leather interior which is worn on the inside of an archer’s forearm. The guard protects the arm from cuts and scratches from the bow string while shooting and as a result reduces the impact on one’s aim and shooting technique. The Rigid Shooter’s Belt, Part No. 16800, is constructed of Denier Nylon with an ABS buckle and loops designed to hold a quiver and other various items such as a binocular, a towel, etc. The Archery Accessory Bag, Part No. 1659, is a pouch constructed with an outer surface of nylon textile material. It is designed to provide storage, organization, protection and portability to archery accessories such as the bow release. It has a textile-lined main compartment with a rigid mouth opening and a toggle closure. The rear exterior has a belt loop that can be worn on an article of clothing. It measures approximately 6.25” (W) x 7” (H) x 3” (D). The samples will be returned as requested.
You stated that all three items should be classified in subheading 9506.99.0530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for archery articles and their parts and accessories. However, only the arm guard will be classifiable in Chapter 95.
The arm guard is considered protective equipment as it is designed exclusively to protect an archer’s arm against injury by absorbing blows from the bow string while engaging in the sport of archery. The Rigid Shooter’s Belt and Archery Accessory Bag do not contribute directly to the effectiveness of the primary article, which is either the bow or arrow in the sport of archery. While both items may be helpful in carrying and transporting the various equipment needed in archery, neither rise to the level of an accessory used in archery. Furthermore, Chapter 95 Note 1(d) excludes sports bags and other containers of heading 4202, 4303 and 4304.
The applicable subheading for the Three-Strap Arm Guard will be 9506.99.0530, HTSUS, which provides for "Articles and equipment for general physical exercise, gymnastics, athletics, other sports…; parts and accessories thereof: Other: Other: Archery articles and equipment and parts and accessories thereof…Other.” The rate of duty will be free.
The applicable subheading for the Rigid Shooter’s Belt will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
The applicable subheading for the Archery Accessory Bag will be 4202.92.9026, HTSUS, which provides for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty 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/.
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 James Forkan at (646) 733-3025.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division