The tariff classification of drawstring travel bag from China

N111818 July 14, 2010 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031 Samuel L. Morris III Milsport Products, LLC. 1865 Kenmore Avenue Buffalo, NY 14217 RE: The tariff classification of drawstring travel bag from China Dear Mr. Morris: In your letter dated June 10, 2010, you requested a tariff classification ruling. Your sample will be returned to you. Your sample was submitted without a style number. The item is a drawstring travel bag constructed with an outer surface of nylon textile material. It has a main storage compartment with a drawstring closure at one end and two removable ethylene vinyl acetate (EVA) pads. It is designed to provide protection, portability, organization, and storage to an elbow rest and other personal effects during travel. The bag measures approximately 9.5” (W) x 9.5” (H). You suggest classifying the drawstring travel bag under subheading 9021.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for orthopedic fracture appliances, and parts and accessories thereof. You argue that the travel bag is specially designed to be used with the Milsport Elbow Rest, which New York Ruling Letter N102335, dated May 5, 2010, classified in Heading 9021. Thus, you believe the bag should be classified as an accessory to the device. However, Customs and Border Protection has long held the position that carrying cases for articles of Chapter 90 are not classifiable under the provision for accessories. In Headquarters Ruling Letter 965620, dated September 5, 2002, it was determined that a specially designed carrying case for a defibrillator was not classifiable in Chapter 90 as an accessory to the device. A similar determination was reached in Headquarters Ruling Letter 964614, dated August 21, 2001, when it was determined that the carrying case for a diabetes monitoring system was not classifiable in Chapter 90. This being the case, the drawstring travel bag would not be classified in Heading 9021. The applicable subheading for the drawstring travel bag will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate 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/. You also inquired about the country of origin marking of the drawstring travel bag. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. 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. If you have any questions regarding classification under subheading 9021.10.0090, HTSUS, please contact National Import Specialist James 0Sheridan at (646) 733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division