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NY B89537




October 1, 1997

CLA-2-42:RR:NC:TA:341 B89537

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025; 3926.90.9880

Ms. Molly Sheppard
Mittelstaedt, Galaviz, & Mylin Inc.
450 Sansome St., Suite 200
San Francisco, CA 94111-3310

RE: The tariff classification of a backpack containing a water bag from Korea, Taiwan and/or China.

Dear Ms. Sheppard:

In your letter dated September 1, 1997, on behalf of Bell Sports, Inc./American Recreation Co., you requested a classification ruling for a backpack containing a water bag.

The sample submitted, identified as items A and B, is a composite of a backpack constructed of nylon woven fabric and a water bag essentially of plastic. The backpack is specially shaped to hold the water bag with drinking tube. The pack measures approximately 18 inches high by 7 inches wide.

You have also requested the proper classification for the backpack and water bag if imported separately.

Your samples are being returned as you requested.

The applicable subheading for the backpack of nylon whether imported separately or with the water bag will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for in part for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19.3 percent ad valorem.

The applicable subheading for the water bag of plastic if imported separately will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The duty rate will be 5.3 percent ad valorem.

The backpack falls within textile category designation 670. Based upon international textile trade agreements products of Korea, Taiwan and 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 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 Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director,

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