The tariff classification of a paintball belt and a pullover from China

N073561 September 3, 2009 CLA-2-63:OT:RR:NC:TA:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889, 6110.30.3053 Greg Sinko Bobby Lum Redz International 3 Reeves Station Road Medford, NJ 08055 RE: The tariff classification of a paintball belt and a pullover from China Gentlemen: In your letter dated August 12, 2009, you requested a tariff classification ruling. The first item is a belt with pouches, called an NV pack. It is used in the sport of paintball competition to hold tubes of paint for reloading the paintball gun. The belt is made of nylon fabric. It is six inches wide and the waist size adjusts with an elastic closure and hook-and-loop fastener strips. The applicable subheading for the NV pack will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. The second item is a cut and sewn pullover garment constructed from finely knit mesh fabric that measures 25 stitches per 2 centimeters counted in the horizontal direction. You stated in a telephone conversation with this office that the fiber content will be 50% polyester, 50% nylon. The garment is made to men’s size specifications and has a rib knit mitered V-neckline, long sleeves with rib knit cuffs, a printed design on the front and back panels and on the sleeves, and a hemmed bottom. It has no padding. The applicable subheading for the pullover will be 6110.30.3053, HTSUS, which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: men’s or boy’s: other. The rate of duty is 32% 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/. Your inquiry does not provide enough information for us to give a classification ruling on the woven mesh fabrics. Your request for a classification ruling should include the fiber content in percentages (e.g., 60% fiberglass/40% nylon). In addition, is the fabric coated and, if so, with what? Was the coating applied to the yarns before weaving, or to the finished fabric? We also need additional information in order to issue a classification on the grey iron stand. Please submit the following information: You indicate that the merchandise is a cast grey iron stand and that a metal shell and tubes go on top of the stand. Please describe the subject article in condition as imported into the United States. What does it consist of (what components)? Is it dedicated to a final use at the time of importation? Is it an unfinished article at the time of importation? Please provide marketing and descriptive literature showing how the iron stand will be marketed and used. For tariff purposes, our office must determine whether the imported cast iron articles are made of ductile/malleable or nonmalleable cast iron. In the iron industry, cast iron is not malleable as first cast. It becomes malleable by annealing or other heat treatment, a process that alters the graphite matrix of the product. Ductile iron is another in the family of cast irons and is malleable as cast because of the addition of cerium or magnesium to the melt. For this reason, ductile cast iron is not normally annealed or heat treated. Cast iron characterized as ductile is considered malleable for Customs purposes. Please state whether the subject cast iron articles are made of ductile/malleable or nonmalleable cast iron. If post-importation processes are required, please describe in detail all of the further manufacturing processes/operations performed on the imported articles in the United States to arrive at the finished articles. Please describe the finished articles after they have been subjected to all processes/ operations in the United States. What does each finished article consist of (what components?) What components are added after importation to arrive at the finished product? Please provide a labeled diagram/picture of the finished article after it has been subjected to processes/operations of manufacturing in the United States. When this information is available, you may wish to consider resubmission of your request. We are returning the related samples except the metal stand, which we shall retain for thirty (30) days. If you decide to resubmit your request, please include all of the material that we have returned to you. The other samples will be returned as requested. 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 Mitchel Bayer at (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division