HQ 082524: The tariff classification of a telemetry pouch from Taiwan.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 082524

                          July 31, 1989

CLA-2 CO:R:C:G  082524   SER

CATEGORY:   Classification

TARIFF NO.:  4202.12.8070 (HTSUSA)

Mr. John Bird
Bird and Cronin, Inc.
2601 East 80th Street
Minneapolis, MN  55420

RE: The tariff classification of a telemetry pouch from Taiwan.

Dear Mr. Bird:

     This is in reference to your letter, received by our New
York office on May 24, 1988, requesting a tariff classification
ruling, under the Harmonized Tariff schedule of the United States
Annotated (HTSUSA), for a telemetry pouch.  A sample was
submitted.

FACTS:

     The sample is described as a telemetry pouch, model number
0814-8203, composed of a nylon knit fabric with a laminated foam
back, and measures approximately 7-5/16 inches long by 5-11/16
inches wide.  It has Velcro-type strips and straps attached to
the sides and top.  The pouch is used for holding a telemetry
transmitter and it is designed to be worn on the person by use of
the Velcro-type straps.

ISSUE:

     What classification should be assigned to the telemetry
pouch under the HTSUSA.


LAW AND ANALYSIS:

          Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative Section or Chapter notes.

     The Explanatory notes to heading 4202, HTSUSA, states that
the expression "similar containers" as it appears in the legal
text, 4202, prior to the semicolon, includes "holsters" and
other similar items.  In addition sheaths for hunting or camping


                               -2-


knives are also considered included within the expression
"similar containers."  Since the telemetry pouch is worn next to
the body and is functionally similar to such items as a holster,
the instant knit nylon fabric holder is classifiable under
subheading 4202.12.8070, which provides for other made-up
articles, of textile materials,

HOLDING:

     The merchandise at issue is classifiable under subheading
4202.12.8070, HTSUSA, which provides for trunks, suitcases,
holsters and similar containers.  The rate of duty is 20 percent
ad valorem.

                                Sincerely,



                                John Durant, Director
                                Commercial Rulings Division