CLA-2-42:OT:RR:NC:N4:441
Gayle E. Meagher
Charles M. Schayer & Co.
3839 Newport Street
Denver, CO 80207
RE: The tariff classification of waterproof dry pack bags from China
Dear Ms. Meagher:
In your letter dated May 12, 2011, on behalf of Kwik Tek, Inc., you requested a tariff classification ruling. Your samples will be returned to you.
You have provided three samples of waterproof dry pack bags of different sizes. The bags are constructed with an outer surface of thermal plastic polyurethane sheeting. The dry packs are sealed on three sides and feature a closure with plastic clips at the top of the bag that serve to form a hermetic seal when the bag is closed. Each bag features the “Dry Pak” logo emblazoned on the closure. The dry pack bags are designed to provide protection to personal effects and personal electronic devices when a user is in a harsh environment or near water. The bags can house electronic devices, such as cell phones and digital cameras, that would be adversely affected by contact with water or debris. The dry pack bags seal out water, sand, and dust, and even float if they are accidentally dropped in the water, thus protecting the electronic devices held within. You indicate that many of the dry packs can be worn around a user’s neck by means of a lanyard or be attached to a user’s clothing using a spring clip (some, but not all, dry packs are sold with a lanyard or clip included in the package).
The following is a list of the three item numbers and their sizes:
Item # DP-46 is a cell phone dry pack bag measuring approximately 3.5" W x 6" L.
Item # DPC-69 is a multi-purpose dry pack bag (for wallets and documents) measuring approximately 6" W x 9" L. Item # DP-65C is a camera dry pack bag measuring approximately 6" W x 6" H x 2" D.
The applicable subheading for the dry pack bags will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags: with outer surface of sheeting of plastic or of textile materials: other. The rate of duty will be 20% 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,
Robert B. Swierupski
Director
National Commodity Specialist Division