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NY B85440




May 19, 1997

CLA-2-61:RR:NC:TA: 359 B85440

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020; 6110.90.9042

Ms. Margi Congliaro
Marisa Christina, Inc.
1410 Broadway, 20th Floor
New York, NY 10018

RE: The tariff classification of a backpack and a woman's sweater from Hong Kong.

Dear Ms. Conigliaro:

In your letter dated May 5, 1997 you requested a tariff classification ruling.

You submitted style number 705, a woman's sleeveless sweater with a backpack tacked onto the back. The backpack is not considered permanently attached. The sweater is constructed from 55% ramie, 45% cotton, knit fabric and features the following: a round neckline; oversized armholes; a full front opening with six button closures; and six non-functional buttons that cover the functional buttons. The outer surface of the sweater measures less than 9 stitches per 2 centimeters in the horizontal direction. The neckline, armholes, placket and bottom of the garment are finished with knit capping.

The backpack is a complete bag with shoulder straps and a one snap, flat closure. It is constructed from 38% acrylic, 34% ramie, 28% cotton, knit fabric.

Your sample is being returned as requested.

The applicable subheading for the sweater will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, knitted: of other textile materials: other. The duty rate will be 6% ad valorem.

The applicable HTS subheading for the backpack will be 4202.92.3020 which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, backpacks. The duty rate will be 19.3% ad valorem.

The sweater falls within textile category designation 845. The backpack falls in category 670. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints 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 Part 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 Mike Crowley at 212-466-5852.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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