HQ 956660: Tariff classification for baseball/softball bat bags; travel, sports and similar bags.

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 956660

                           May 1, 1995

CLA-2 R:C:T 956660 ch

CATEGORY:  Classification

TARIFF NO.:  4202.92.4500

Ron L. Queipo
National Logistics Manager
Spalding Sports Worldwide
425 Meadow Street
P.O. Box 901
Chicopee, Massachusetts  01021-0901

RE:  Tariff classification for baseball/softball bat bags;
     travel, sports and similar bags.

Dear Mr. Queipo:

     This is in response to your letter, dated May 26, 1994,
requesting tariff classification under the Harmonized Tariff
Schedule of the United States (HTSUS) for certain baseball and
softball bat bags.
     
FACTS:

     Specification sheets for three items described as players
bags  have been submitted.  They are identified as styles 44-1001
(11 1/2 inches in width, 37 inches in length, 10 1/2 inches in
height), 44-3005 (7 inches in width, 36 inches in length, 12
inches in height) and 44-4505 (dimensions unstated).  You advise
that the bags have been designed primarily for carrying baseball
bats, with a secondary purpose of carrying spikes, uniforms and
softballs.  The bags feature carrying straps, have been fitted to
hold baseball bats, and possess other pockets of various
dimensions.  You indicate that these articles have an outer
surface of PVC plastic.

ISSUE:

     Whether the baseball bat bags are classifiable in heading
4202, HTSUS, which provides in part for travel, sports or similar
bags; or heading 9506, HTSUS, which provides in part for articles
and equipment for general physical exercise, gymnastics,
athletics, other sports (including table-tennis) or outdoor
games, not specified or included elsewhere in this chapter?

LAW AND ANALYSIS:

     Heading 4202, HTSUS, provides in part for travel, sports or
similar bags, with outer surface of plastic sheeting.  Chapter
42, Additional U.S. Note 1, states:

     For the purposes of heading 4202, the expression "travel,
     sports and similar bags" means goods, other than those
     falling in subheading 4202.11 through 4202.39, of a kind
     designed for carrying clothing and other personal effects
     during travel, including backpacks and shopping bags of this
     heading, but does not include binocular cases, camera cases,
     musical instrument cases, bottle cases and similar
     containers.  (Emphasis added).  

     The Explanatory Notes to the HTSUS, while not legally
binding, represent the Customs Cooperation Council's official
interpretation of the Harmonized System.  It has therefore been
the practice of the Customs Service to follow, whenever possible,
the terms of the Explanatory Notes when interpreting the HTSUS. 
The Explanatory Note to heading 4202, at page 613, states in
pertinent part that:

     The expression "sports bags" includes articles such as golf
     bags, gym bags, tennis racket carrying bags, ski bags and
     fishing bags.

     Thus, sports bags of heading 4202 are designed for carrying
clothing and other personal effects during travel.  Moreover,
sports bags include containers designed for carrying equipment
associated with a given recreational activity (e.g. golf clubs,
tennis rackets, skis, fishing poles and lures).  The instant
baseball bat bags have been designed for carrying equipment and
clothing associated with baseball.  Hence, they are specifically
described by the term "sports bags."  For this reason, the
subject merchandise is classifiable in heading 4202, HTSUS.

     Heading 9506 falls within Chapter 95, HTSUS.  Chapter 95,
Note 1(d), provides that the chapter does not cover sports bags
of heading 4202.  Consequently, heading 9506 does not describe
the goods.

HOLDING:

     The subject merchandise is classifiable under subheading
4202.92.4500, HTSUS, which provides for travel, sports and
similar bags, with outer surface of sheeting of plastic.  The
applicable rate of duty 20 percent is ad valorem.  

                         Sincerely,




                         John Durant, Director
                         Commercial Rulings Division