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NY 810309




May 15, 1995

CLA-2-42:S:N:N6:341 810309

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Dana L. Trout
Trans-Trade, Inc.
P.O. Box 612369
DFW Airport, TX 75261-02369

RE: The tariff classification of a novelty backpack from Taiwan and/or China.

Dear Ms. Trout:

In your letter dated April 27, 1995, you requested a classification ruling for a novelty backpack.

The sample submitted is a novelty backpack of man-made textile materials which resembles an ape or gorilla. It is designed to be worn on the back of a small child of the Pre- School, Pre-Kindergarten or Kindergarten age group. It has a zippered storage pouch in which a child would place small personal accessories of the kind normally carried by a small school child. The interior of the storage pouch has a small pocket into which an electronic signal receiving device will be placed. This receiver is also designed to be clipped onto a child's belt or clothing. The receiver may also be incorporated into a ankle strap or disguised as a wristwatch.

The backpack will be imported with or without the electronics which are incorporated into the body of the pack. The instant item is essentially a backpack and will be classified accordingly.

The applicable subheading for the novelty backpack of man- made textile materials will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 19.8 percent ad valorem.

Items classifiable under 4202.92.3020 fall within textile category designation 670. Based upon international textile trade agreements products of Taiwan and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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
New York Seaport

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