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NY 818079




January 10, 1996

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Pamela Grzonka
MBC Freight Consultants USA Inc.
8543 Littleport
San Antonio, TX 78239

RE: The tariff classification of a novelty backpack from China.

Dear Ms. Grzonka:

In your letter dated December 28, 1995, you requested a tariff classification ruling on behalf of Play by Play Toys & Novelties, Inc.

The sample submitted with your request, "Playface", no style number, is a novelty backpack. The bag is described as follows:

Purpose: Hold personal belongings during travel.

Material: The outer surface is a textile material. The character, in this case the "Tazmanian Devil", is a taffeta with a fill material.

Size: Approximately 15" x 12".

Pockets: Undivided interior with no exterior com- partments.

Closure: Zipper - top.

Handles: Small top handle plus adjustable shoulder straps.

The applicable subheading for the backpack 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 manmade fibers, backpacks. The rate of duty will be 19.8 percent ad valorem.

The backpack falls within textile category designation 670. Based upon international textile trade agreements, products of China in category 670 are subject to visa and quota restraints.

You are advised to contact your local Customs office regarding trademark and copyright requirements.

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 yours,

Richard A. Barrette
Service/Area Port Director
Providence, R.I.


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