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NY 865683

August 21, 1991

CLA-2-42:S:N:N3G:341 865683

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Georgia B. Morris
Sekin Transport Intl.
1245 Royal Lane
DFW Airport, Texas 75261

RE: The tariff classification of a plastic backpack from Hong Kong.

Dear Ms. Morris:

In your letter dated July 30, 1991, on behalf of Leahy Company, you requested a tariff classification ruling.

The submitted sample, described as an "Imitation Nylon" backpack, is a child's backpack which appear to be constructed of a thin layer of textile coated with an exterior surface of plastic sheeting. It measures approximately 10 1/2" x 12 1/2" x 3 1/2". The item is designed with two adjustable textile shoulder straps to be worn on the back. It close by means of a top textile zipper closure.

The applicable subheading for the backpack of plastic, will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of plastic sheeting, other. The duty rate will be 20 percent ad valorem.

It is noted that the sample submitted as part of the binding ruling request is not marked to indicate the country of origin. Section 304 of the Tariff Act of 1930 as amended requires that this product be marked with the English name of the country of origin in a permanent, legible, and conspicuous manner when imported.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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