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NY C80712




OCT 27, 1997

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Carol A. Jerkovich
Stearns, Inc.
P.O. Box 1498
St. Cloud, MN 56302

RE: The tariff classification of a backpack from China.

Dear Ms. Jerkovich:

In your letter dated October 10, 1997, you requested a tariff classification ruling.

The sample submitted with your request, Model B485, is a waterproof backpack approximately 18" x 11 1/2" x 6 1/2" in size. The sea pack is constructed of 600 denier polyester with a PVC backing. The interior has a nylon mesh pocket with zipper closure. The item features a roll top closure with top buckle down lid. The bag has a hand strap plus two padded, adjustable shoulder straps. This backpack is marketed as a Waterproof Airtight Bag designed to keep water sensitive items dry during travel.

The applicable subheading for Model B485 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, other, of manmade fibers, backpacks. The rate of duty will be 19.3 per cent ad valorem.

Model B485 falls within textile category designation 670. Based upon international textile trade agreements, products of China in category 670 are subject to visa and quota requirements.

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 Barrette
Service/Area Port Director

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