CLA-2-73:RR:NC:115 D82051
Mr. Robert Schlipper
GPO Box 11464
Hong Kong
RE: The tariff classification of a stainless steel cable "Net"
used to enclose luggage such as a backpack from China.
Dear Mr. Schlipper:
In your letter of August 29, 1998, you requested a tariff
classification ruling. Illustrations and a description of the
item along with a sample were submitted. The "Net" includes a
stainless steel draw cable, used to pull it tight and a keyed
padlock to secure the "Net". A nylon storage bag for storing and
carrying the "Net" is included.
In May of 1998, you submitted a similar item that was
answered by the Customs Service from the Port of Champlain,
ruling number C88222. The wire net was held to be an article of
steel wire and the bag was held to be separately classified and
subject to quota and visa requirements.
In your latest request for classification you state that the
bag has been redesigned so that it is specifically designed to
carry the "Net" and is a dedicated container.
The National Import Specialist for travel bags and cases has
examined the item and is of the opinion that the "Net" is
packaged in the black fitted bag and is subject to the rules of
the General Rules of Interpretation number 5.
GRI 5 states that "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
entered 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 applicable subheading for the wire cable steel net with
nylon carrying bag will be 7326.20.0050, Harmonized Tariff
Schedule of the United Stat(HTS), which provides for Articles of
iron or steel wire... Other. The rate of duty will be 4.3% ad
valorem.
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 Melvyn
Birnbaum at 212-466-5487.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division