CLA-2 CO:R:C:G 087294 NLP

TARIFF NO: 4202.92.45; 9506.51.20/40; 9506.51.60

Area District Director
200 E. Bay Street
Charleston, SC 29401

RE: Internal Advice Request 32/90- Classification of head covers for tennis rackets

Dear Sir:

Rogers & Brown, Customs Brokers, Inc., on behalf of their client, Dunlop/Slazenger Corp., has requested an internal advice on the proper classification of two types of covers for tennis rackets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples were submitted for our examination.

FACTS:

The samples are tennis racket covers having an outer surface of plastic sheeting. Both racket covers are specially shaped and fitted to contain only a tennis racket. Both items are designed to provide storage and protection for the racket when it is being transported from one place to another as well as when it is not in use.

One sample is a full length tennis racket cover which encloses the entire racket. It has a detachable shoulder strap. It has no compartments or pouches to carry any other accessories. The second sample is a 3/4 racket cover which is designed to cover the head of the racket and part of the handle.

These covers will be imported with the tennis rackets they will cover or as separate articles.

ISSUES:

What is the tariff classification of tennis racket covers when they are imported with tennis rackets.

What is the tariff classification of the tennis racket covers when they are imported as separate articles.

LAW AND ANALYSIS:

ISSUE 1- Classification of covers imported with tennis rackets

GRI 5 states the following:

In addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein:

(a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use, and presented with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

The full length and 3/4 racket covers are both specially shaped to contain tennis rackets. The covers are suitable for long-term use and will be entered with the tennis rackets that they will cover. In addition, covers like the instant ones are normally sold with tennis rackets to store and protect them. Therefore, the full length cover with a carry strap and 3/4 cover imported with tennis rackets are classifiable with these rackets in subheading 9506.51.20/40, HTSUSA.

ISSUE 2- Classification of head covers imported as separate articles

Two headings of the HTSUSA potentially include tennis racket covers. Heading 4202, HTSUSA, provides for, inter alia, travel, sports and similar bags. Heading 9506, HTSUSA, provides for parts and accessories to lawn-tennis rackets.

GRI 3 governs the classification of goods which are prima facie classifiable within two or more headings. GRI 3(a) states that where goods are classifiable under two or more headings the heading that provides the most specific description of the article will be preferred. It is Custom's position that Heading 4202, HTSUSA, provides the most specific description for the full length racket cover with a strap and that Heading 9506, HTSUSA, provides the most specific description for the 3/4 racket cover.

The Legal and Explanatory Notes to Chapters 42 and 95 describe criteria for the inclusion of goods in subheading 4202.92, HTSUSA, which provides for travel, sports and similar bags. Legal Note 1(d) to Chapter 95, provides that "[t]his Chapter does not cover: (d) sports bags or other containers of heading 42.02...." Additional U.S. Note to Chapter 42, HTSUSA, provides that:

For the purposes of heading 4202, the expression "travel, sports and similar bags" means goods...of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading.

The Explanatory Notes to Heading 4202, HTSUSA, provide that "[t]he expression 'sports bag' includes articles such as golfbags, gym bags, tennis racket carrying bags, ski bags and fishing bags." The ski bag and the golf bag, for example, are not designed to carry clothing. They are containers that are designed to transport and protect golf clubs and skis, respectively. They have straps or handles that facilitate this function. Like these two bags, the full length tennis racket cover is equipped with a strap and is clearly designed to transport and protect the tennis racket.

While the 3/4 cover can be used to protect the racket it does not appear to be designed for use as a travel or sports bag. The cover lacks a strap and it only covers a portion of the racket. As a result, the intended use of this cover is for storage or protection, not portability. Therefore, this cover is not a travel, sport or similar bag and would be considered a tennis racket accessory in Heading 9506, HTSUSA.

HOLDING:

The 3/4 racket cover and full length racket cover imported with tennis rackets are classifiable in subheading 9506.51.20, HTSUSA, which provides for lawn-tennis rackets, whether or not strung and parts and accessories thereof, rackets, strung. The rate of duty is 5.3 percent ad valorem. If the rackets are not strung, the covers are classifiable in subheading 9506.51.40, HTSUSA, and the rate of duty is 3.9 percent ad valorem.

The full length racket cover with a strap imported as a separate article is classifiable in subheading 4202.92.4500, HTSUSA, which provides for travel, sports and similar bags, with outer surface of plastic sheeting or textile material, other. The rate of duty is 20 percent ad valorem.

The 3/4 tennis racket cover imported as a separate article is classifiable in subheading 9506.51.60, HTSUSA, which provides for lawn-tennis rackets, parts and accessories. The rate of duty is 3.1 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division