The tariff classification of a bag from China

N036252 September 19, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.32.9550, 9817.00.96 Karen Yost C-Air Customhouse Brokers 6053 West Century Blvd., Suite 650 Los Angeles, CA 90045 RE: The tariff classification of a bag from China Dear Ms. Yost: In your letter dated August 19, 2008 on behalf of Nova Ortho-Med, Inc., you requested a classification ruling. The sample which you submitted is being returned as requested. You referred to style BGS03 as a mobility bag. It is constructed with an outer surface of 100% man-made textile material. It is designed to carry personal items and identification. It has a textile-lined compartment with a zipper closure along three sides. The back exterior has two vinyl loops with hook-and-loop closures to secure around a walker, cane and similar articles. It measures approximately 3.25’ (W) x 4.50” (L) x 1” (D). The applicable primary subheading for the mobility bag will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, of man-made fibers. Regarding your claim of duty free treatment under 9817.00.96, HTSUS, the flyer you submitted indicates that the bags will attach “securely to any cane, walker or wheelchair.” The canes pictured in the flyer are similar to those which were found to be classifiable in 9817.00.96 in Headquarters Ruling Letter 563142 EAC, 2-18-05. Textile “mobility bags” for wheelchair/walkers are classifiable in 9817.00.96, HTSUS per New York Ruling Letter L88438 – 341, 11-18-05. The June 13, 2008 statement you included from Ortho-Med Inc that they distribute “products manufactured for disabled and physically challenged people” is supported by the information on their website. On that basis a secondary classification will apply for these items in 9817.00.96, HTSUS, 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. 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/. HTSUS 4202.32.9550 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 classification in 9817.00.96 of this item, contact National Import Specialist J. Sheridan at 646-733-3012. Any questions regarding the ruling, contact National Import Specialist Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division