The tariff classification of a wheelchair/walker "Mobility Bag"; traveling bag, from China; Nairobi Protocol

NY L88438 November 18, 2005 CLA-2-42:RR:NC:3:341 L88438 CATEGORY: Classification TARIFF NO.: 4202.92.3031; 9817.00.96 Ms Cheryl L. Woodward DFW International Services Inc. 3025 Roy Orr Blvd. Grand Prairie, TX 75050 RE: The tariff classification of a wheelchair/walker “Mobility Bag”; traveling bag, from China; Nairobi Protocol Dear Ms. Woodward: In your letter dated October 17, 2005, you requested a tariff classification ruling. The request is on behalf of Dalton Instrument Corporation, Carrollton, Texas. You have submitted a sample of a traveling bag identified as item A-WA6106BAG (mfg #YS25115) “Mobility Bag”. It is wholly made-up of man-made fiber textile materials. The bag measures 13” W x 10 ¾ “ H and has a 2 ½” “T” gusset. The bag has a full size zippered storage compartment and two exterior pockets of which one has a hook and loop closure. The bag has dual adjustable straps that are fitted with luggage type slider clasps that permit the bag to be affixed to either horizontal or vertical bars that are a part of a wheelchair, walker or other form of vehicle or other host carrier. The adjustable straps permit the bag to be affixed to various sized host articles. A traveling bag that is carried by being affixed to a host carrier is not unique. It is designed and principally used the same as a traveling bag that is attached to a larger backpack, wheeled suitcase or other means of conveyance. It is designed and principally used to provide storage, protection organization and portability for personal effects and other belongings while traveling about on a daily basis. The bag has the same useful characteristics and functions as other forms of traveling bags such as “handbags”, “waist bags”, “knapsacks”, “rucksacks”, “bicycle bags” and other similar bags. The method of conveyance is not significant and does not alter the design purpose and principle useful functions of the bag. The applicable subheading for the “Mobility Bag” will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport or similar bags, with outer surface of textile materials, of man--made fibers. The rate of duty will be 17.6 percent ad valorem. Regarding your claim of duty free treatment under HTS 9817.00.96, we note that the item’s two short straps indicate that it will likely be attached to a horizontal bar and that it is labeled “Dalton CareWithMomentum.” This information supports your claim that these pouches have been adapted for use with your walkers. Walkers are covered by HTS 9817.00.96, e.g., in Headquarters Ruling Letter 556977 RA, 2-18-93. On that basis a secondary classification will apply for this item in HTS 9817.00.96, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped, free of duty and user fees (if any), if all applicable entry requirements are met including the filing with the Customs port of entry of the U.S. Department of Commerce form ITA-362P. Note that this classification has no effect on any quota, visa, or restricted merchandise requirements. Tariff number 4202.92.3031 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov. 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 (NIS) Kevin Gorman at 646-733-3041 or NIS James J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division