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NY 814498




September 20, 1995

CLA-2-42:S:N:N5:341 814498

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Mr. John Bateman
Top Classic Int'l, Ltd.
Suite D, 7/F Multifield Bldg.
147-151 King's Road
Hong Kong

RE: The tariff classification of a backpack from China.

Dear Mr. Bateman:

In your letter dated September 1, 1995, you requested a classification ruling for a backpack.

The sample submitted, identified as a "Rucksack", is a backpack composed of 100 percent polyester mesh and imitation nylon PVC. The front portion is entirely of mesh material. The essential character is of the textile. The backpack has a top drawstring compartment underneath a flap with a plastic slide lock fastener. There is an addition front exterior zippered pocket of nylon mesh. The item has double PVC straps designed to be worn on the back, in addition to a webbed textile carrying handle. It measures approximately 12" x 9" x 6 1/2".

The applicable subheading for the backpack essentially of polyester textile fabric 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 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. 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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