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NY 816606




December 14, 1995

CLA-2-42:RR:NC:WA:341 816606

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 4202.92.3020; 9503.41.0010; 6307.90.9989

Ms. Catherine L. Schleiger
The A.W. Fenton Company, Inc.
1157 Rarig Avenue
Columbus, OH 43219-2357

RE: The tariff classification of novelty backpacks, a teddy bear and a stocking from China.

Dear Ms. Schleiger:

In your letter dated November 16, 1995, on behalf of Transland International, Inc., you requested a classification ruling.

The samples submitted, described as "Animal-Shaped Toys", are novelty backpacks designed to contain personal effects. The first and second items, described as the red and blue ones, are made of cotton woven fabric in the shape of a mouse. The mouse body is the bag with double straps design to be carried on the back. They are secured by means of top elasticized openings underneath a flap with a snap closure. The third item, described as the pink one, is made of nylon woven fabric with a side zippered opening and double straps designed to be carried on the back. Snapped to the front of the bag is detachable textile stocking. Inside the stocking is a plush 3-dimensional teddy bear. For classification purposes the backpack, teddy bear and stocking will stand on their own merits and will be classified accordingly. The backpacks measure approximately 10"(W) x 12"(H).

You have indicated that the items are toys and should be classified within Chapter 95. However, for classification purposes the backpacks are totally functional and are not considered to be toys.

Your samples are being returned as you requested.

The applicable subheading for the backpacks of cotton woven fabric will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7.1 percent ad valorem.

Items classifiable under 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The applicable subheading for the backpack of nylon woven fabric will be 4202.92.3020, 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 China are subject to quota and the requirement of a visa.

The applicable subheading for the teddy bear will be 9503.41.0010, HTS, which provides for Toys representing animals or non-human creatures: Stuffed toys. The duty rate will be Free.

The applicable subheading for the stocking of textile will be 6307.90.9989, HTS, which provides for Other made up articles... Other: Other, other. The duty rate will be 7 percent ad valorem.

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. 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 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 Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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