The tariff classification of a water bottle/transmitter radio holder from China

N234271 November 9, 2012 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.9026 Lisa Ragan Lisa Ragan Customs Brokerage 105 Forest Parkway, Suite 400 Forest Park, GA 30297 RE: The tariff classification of a water bottle/transmitter radio holder from China Dear Ms. Regan: In your letter dated October 9, 2012, you requested a tariff classification ruling on behalf of your client, Simmons Imports, Inc. Your sample will be returned to you. A style number was not submitted with the sample. The item is a water bottle/transmitter radio holder constructed with an outer surface of 600D polyester textile material. The bag is designed to provide protection, portability, organization, and storage its contents. It has a single storage compartment with an open elastic top. The rear exterior of the holder has two textile bands that secure with hook-and-loop strips and metal snaps. These bands allow the holder to be worn on a belt. It measures approximately 3” (W) x 10” (H) x 4” (D). In your letter, you suggest classification under 6210.40.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: man-made fibers, other men's or boys' garments: other, trousers, breeches and shorts: other. However, this article is akin to the containers and cases of Heading 4202, HTSUS. Note (l) of Section XI (which covers Chapters 50-63 of the HTSUS), excludes textile articles of 4201 or 4202 from being classified therein. The applicable subheading for the water bottle holder will be 4202.92.9026, HTSUS, which provides for trunks, suitcases, holsters, and similar containers with outer surface of textile materials, other, other, other of man-made fibers. The rate of duty will be 17.6 percent 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 (646) 733-3041. Sincerely, Thomas J. Russo Director National Commodity Specialist Division