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NY A89627




DEC 5, 1996

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Mr. Leo Sarmiento
Trans-Border Customs Services, Inc.
Bldg. #80, Rm. 228
JFK Int'l Airport
Jamaica, NY 11430

RE: The tariff classification of a novelty backpack from China, Indonesia, Sri Lanka, Bangladesh or Vietnam.

Dear Mr. Sarmiento:

In your letter dated November 18, 1996, you requested a tariff classification ruling on behalf of Gurman Industries, Canada.

The sample submitted with your request,style #K0755, Baseball Teddy Knapsack, is a novelty backpack. The backpack in the shape of a 16" long teddy has a storage compartment accessible from the front with a zipper closure. The pack has two web straps for carrying over the shoulders. The teddy is wearing a uniform with cap. The outer surface of the teddy is polyester and the outfit is made of 100% cotton. The essential character of the outer surface is cotton.

The applicable subheading for style# K0755 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 rate of duty will be 7 per cent ad valorem for listed countries except Vietman which is 40 per cent.

This item falls within textile category designation 369. Based upon international textile trade agreements, products of China, Bangladesh, Indonesia, Sri Lanka in category 369 are subject to visa requirements. Products from China and Indonesia are also subject to quota 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 Part 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 A. Barrette
Service/Area Port Director

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