The tariff classification of quivers from China

N069455 August 20, 2009 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.9060, 4202.92.9026 Mark Bleckley Van Andel Global Trade Center 401 W. Fulton NW Grand Rapids, MI 49316 RE: The tariff classification of quivers from China Dear Mr. Bleckley: In your letter dated July 17, 2009, you requested a tariff classification ruling on behalf of your client, Bohning Company. Your samples will be returned to you. Styles 16550 and 16880 are quivers constructed with an outer surface of 100% nylon textile material. The quivers are containers of a kind similar to holsters and sheaths. They are designed for the storage, protection, organization and portability of arrows. The quiver holds arrows at precise angles at the person’s side for easy grab and load motion. Both are designed to strap around a person’s waist and can be place on either the right or left side of the body. Both quivers have a storage compartment with zippered pockets on the front exterior and open pockets on the back exteriors. Both quivers also have plastic tubes to hold the arrows in place. Style 16550 measures approximately 14” (L) x 5.5” (W), and style 16880 measures approximately 18” (L) x 7” (W). Style 1690 is a quiver constructed with an outer surface of polyvinyl chloride (PVC) plastic sheeting. The quiver is a container of a kind similar to holsters and sheaths. It is designed to provide storage, protection, organization and portability to arrows. It has a loop at the top opening with a removable metal carabineer. It measures approximately 16” (L) and is 2” in diameter. In your ruling request, you suggest that the quivers should be classified under tariff number 9506.99.0530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sports…parts and accessories thereof: other: other: archery articles and equipment and parts and accessories thereof…other. The HTSUS and Explanatory Notes (EN) do not specifically define the term “quiver.” When a term is not defined by the HTSUS or legislative history, the correct meaning is its common or commercial meaning. To ascertain the common meaning, one may consult dictionaries, lexicographic and other materials. The Oxford online dictionary defines a quiver as a “portable case for holding arrows.” Chapter 95, Note (d) excludes articles of headings 4202, 4303 and 4304, HTSUS. Therefore, quivers are not classifiable in chapter 95, HTSUS. The applicable subheading for styles 16550 and 16880 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem. The applicable subheading for style 1690 will be 4202.92.9060, HTSUS, which provides for in part, for other bags and containers, with outer surface of sheeting of plastic, other, other, other. 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 Heading 4202, please contact National Import Specialist Vikki Lazaro at (646) 733-3041. If you have any questions regarding Heading 9506, please contact National Import Specialist James Forkan at (646) 733-3025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division