CLA-2-42:OT:RR:NC:N4:441
Keenan Gates
Level Terrain, LLC
8110 West 116th Circle, Suite A
Broomfield, CO 80021
RE: The tariff classification of a waist bag from Vietnam, Mexico, and China
Dear Mr. Gates:
In your letter dated November 13, 2015, you requested a tariff classification ruling. You have submitted a sample, which is being retained by our office.
The submitted sample, which you referred to as the FitBelt, is a waist bag constructed of man-made textile materials. The bag is similar in form and function to a fanny pack. It is designed to be worn around the waist for hands free storage of personal effects during activities and travel. It also provides protection, portability, and organization to the contents. The bag has an unlined zippered compartment with no additional features.
In your ruling request, you suggest that the waist bag should be classified in subheading 9506.91.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof: other: articles and equipment for general physical exercise, gymnastics or athletics; parts and accessories thereof, exercise cycles. The waist bag is more accurately provided for in subheading 4202.92.3031, HTSUS, within the eo nomine provision that provides for “travel bags and similar containers.” Chapter 95, Note (d) excludes articles of headings 4202, 4303 and 4304, HTSUS from that chapter of the HTSUS. As such, the case is not classifiable in Heading 9506, HTSUS.
The applicable subheading for the waist bag will be 4202.92.3031, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. 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 Vikki Lazaro at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division