CLA-2-42:RR:NC:TA:341 D85761

Ms. Shirley J. Fessel
Source International
7 Theater Square
Louisville, KY 40202

RE: The tariff classification of a musical instrument case from China.

Dear Ms. Fessel:

In your letter dated December 14, 1998, you requested a tariff classification ruling for a musical instrument case.

The sample submitted, no style number indicated, is a musical instrument case designed to contain a flute and/or piccolo. The case is constructed with a base material of vinyl covered on the exterior with nylon woven fabric. The interior is padded with foam. The instant sample measures approximately 16" x 5" x 2 1/2", however, you have indicated that the case will be imported in various sizes. The case is secured by means of a textile zippered closure on three sides and has an adjustable strap designed to be carried by hand or on the shoulder.

The applicable subheading for the musical instrument case of nylon will be 4202.92.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for musical instrument cases, with outer surface of textile materials. The rate of duty will be 4.4 percent ad valorem.

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 Kevin Gorman at 212-466-5895.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division