The tariff classification of a Baseball Pitcher’s Training Kit from China.

NY H80923 May 10, 2001 CLA-2-95:RR:NC:2:224 H80923 CATEGORY: Classification TARIFF NO.: 9506.69.2040; 4202.92.3031 Donna M. Mullins ATE Group Air Tiger Express Companies, Inc. 510 Plaza Drive, Suite 2290 Atlanta, GA 30349 RE: The tariff classification of a Baseball Pitcher’s Training Kit from China. Dear Ms. Mullins: In your letter dated April 30, 2001, you requested a classification ruling, on behalf of Worth, Inc., your client. You are requesting the tariff classification on an item that you are describing as a Baseball Pitcher’s Training Kit. The kit contains six baseballs that are weighted for pitching, a drawstring mesh nylon bag and instructions for the use of the baseballs. The baseballs and the nylon bag will be classified separately because the bag is not shaped or fitted for the baseballs and may be used to carry any number of items. The nylon mesh drawstring bag is known in the trade as a “stuff” bag and is not an item that must be used exclusively with the baseballs that will be packaged with the bag. The instructions are not subject to a HTS tariff classification number since they are not in book form. The sample will be returned, as requested by your office. The applicable subheading for the six weighted baseballs will be 9506.69.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles and equipment for general physical exercise, gymnastics, athletics, other sports…parts and accessories thereof: Other: Baseballs and softballs…Baseballs.” The duty rate will be free. The applicable subheading for the mesh nylon drawstring bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for “Trunks, suitcases, vanity cases, attache cases, briefcases…traveling bags…sports bags…With outer surface of sheeting of plastic or of textile materials: Other…Other: Of man-made fibers: Other.” The rate of duty will be 18.3 % ad valorem. The nylon mesh bag falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and 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 Tom McKenna at 212-637-7015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division