NY 816824: The tariff classification of a climbing harness with fanny pack fromFrance.

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.

NY 816824





	December 7, 1995





CLA-2-95:RR:NC:FC:224 816824  



CATEGORY:  Classification



TARIFF NO.: 9506.99.6080; 4202.92.3030  



Jim Sprayberry

Danzas Corp.

PO Box 45128

College Park, GA 30349 



RE:	The tariff classification of a climbing harness with fanny pack from
France.



Dear Mr. Sprayberry:



	In your letter dated November 9, 1995, on behalf of PMI-Petzl Distribution,
you requested a tariff classification ruling on a nylon sit-harness used in
climbing, caving, rappelling and similar sport activities.  A sample of the
article, which includes a nylon fanny pack to carry the harness, was submitted
with your request.



	Classification under the Harmonized Tariff Schedule of the United States
(HTSUS) is made in accordance with the General Rules of Interpretation (GRIs).
The systematic detail of the harmonized system is such that virtually all goods
are classified by application of GRI 1, that is, according to the terms of the
headings of the tariff schedule and any relative Section or Chapter Notes.  In
the event that the goods cannot be classified solely on the basis of GRI 1, and
if the headings and legal notes do not otherwise require, the remaining GRIs may
them be applied.  The Explanatory Notes (ENs) to the Harmonized Commodity
Description and Coding System, which represent the official interpretation of
the tariff at the international level, facilitate classification under the HTSUS
by offering guidance in understanding the scope of the headings and GRIs.



     As noted, the article consists of a sport climbing sit-harness and a bag
resembling a fanny pack.  Subheading 9506.99.60, HTSUS, provides for "Articles
and equipment for general physical exercise, gymnastics, athletics, other sports
(including table tennis) or outdoor games...: Other: Other."  The bag would be
classifiable in heading 4202, HTSUS, if imported separately.

     We note that certain containers may be classified with the articles they
are designed to hold, if the requirements of GRI 5(a) are met.  In pertinent
part, GRI 5(a) 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.



     The EN to GRI 5(a) provides that:



        (1) This Rule shall be taken to cover only those
containers which:

             (1) are specially shaped or fitted to contain a
specific article or set of articles, i.e., they are                designed
specifically to accommodate the article for               which they are
intended. Some containers are shaped                in the form of the article
which they contain;

             (2) are suitable for long-term use, i.e., they are
designed to have a durability comparable to that of                the articles
for which they are intended. These                    containers also serve to
protect the article when not              in use (during transport or storage,
for example).                 These criteria enable them to be distinguished
from                simple packings;

             (3) are presented with the articles for which they
are intended, whether or not the articles are packed               separately
for convenience of transport. Presented                 separately the
containers are classified in their                  appropriate headings;

             (4) are of a kind normally sold with such articles;
(5) do not give the whole its essential                          character.

           (Emphasis added)



In order for the fanny pack to be classified with the harness, it must meet the
criteria set forth above.



     The subject bag resembles a fanny pack and is marketed for use as a fanny
pack.  It is not unlike the usual and ordinary fanny pack that is sold as an
independent product and on its own merits for carrying various other personal
effects. Consequently, it has significant uses other than to hold and carry a
mountain climbing harness.  For this reason, the bag is not "of a kind normally
sold with" its contents.





     Moreover, the fanny pack or bag at issue is not specially shaped or fitted
to contain a specific article.  Its shape does not precisely follow the contour
of the harness; nor are there any special features which provide a special fit
for the harness.  The bag has not been designed to specifically accommodate the
harness.  As the bag does not meet two of the criterion set forth above, GRI
5(a) is inapplicable and the bag is not classifiable with its contents.



     GRI 3(b) states:



        Mixtures, composite goods consisting of different
materials or made up of different components, which                cannot be
classified by reference to 3(a), shall be                classified as if they
consisted of the material or                 component which gives them their
essential character               (emphasis added).



     In certain circumstances, Customs has determined that a carrying bag and
its contents may be classified as a composite good, with the essential character
imparted by the contents.  Thus, GRI 3(b) provides an alternative basis by which
a carrying bag may be classified with its contents.



     The EN to GRI 3(b) provides in pertinent part that:



        For the purposes of this Rule, composite goods made up of
different components shall be taken to mean not only               those in
which the components are attached to each other           to form a practically
inseparable whole but also those             with separable components, provided
these components are           adapted one to the other and are mutually
complementary            and that together they form a whole which would not
           normally be offered for sale in separate parts (emphasis
added).



In this instance, the nylon bag, as we have described, is in the nature of a
fanny pack for carrying various personal effects.  It is of a durable
construction and would normally be sold as an independent product in its own
right.  Consequently, in this instance the fanny pack bag and the harness do not
comprise a composite article under GRI 3(b) of the HTSUS.



     As the nylon fanny pack cannot be classified with the harness, it must be
classified under the heading which most specifically describes it.  Therefore,
it is classifiable in heading 4202, HTSUS, which provides in pertinent part for
travel, sports and similar bags.   



	The applicable subheading for the climbing sit-harness will be
9506.99.6080, HTSUS, which provides for "Articles and equipment for general
physical exercise, gymnastics, athletics, other sports...or outdoor games...:
Other: Other."  The rate of duty will be 4.5 percent ad valorem.



     The applicable subheading for the fanny pack will be 4202.92.3030, HTSUS,
which provides for "Travel, sports and similar bags, with outer surface of
textile materials, other, of man-made fibers, other."  The rate of duty will be
19.8 percent ad valorem.    



	This ruling is being issued under the provisions of Section 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 Tom McKenna at 212-466-5475.







								Sincerely,







								Roger J. Silvestri

								Director

								National Commodity

								Specialist Division