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NY 805349




January 18, 1995

CLA-2-42:RI:130:G25:DJP

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3015

Mr Alan Siegal
Genghis Khan Freight Service Inc.
161-15 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of a BACKPACK from CHINA.

Dear Mr Siegal:

In your letter dated December 16, 1994, you requested a tariff classification ruling on behalf of the importer Barganza Inc.

The sample submitted with your request, style 39091, is a backpack.

DESCRIPTION:

PURPOSE: Hold personal belongings during travel.

Material: Outer Surfaace: Corduroy fabric and leather (Essential Character-See Note)
Size: 11"H x 81/2"L x 4"W

Closure : Leather drawstring -Top
Also - Leather flap with magnetic snap

Handles: 2 Ajustable textile straps
1 Small leather hand strap- top

Note: Essential character : Since the leather and the fabric lend equally the the character of the backpack there is no essential character, GRI 3(c) noted. The corduroy is a cotton pile.

The applicable subheading for style 39091 will be 4202.92.3015, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of cotton. The rate of duty will be 19.8 percent ad valorem.

Style 39091 falls within textile category designation 369L. Based upon international textile trade agreements, products of China in category 369L are subject to visa requirements and quota restraints.

Your sample is being returned as requested.

The designated textile and apparel category 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 (Restraints 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,

Richard Barrette
District Director
Providence, R.I.

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