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NY C81668



November 25, 1997

CLA-2-42 SE:C:D G02 C81668

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Ludene Murphree
The Gap, Inc.
Two Harrison
San Francisco, California 94105

RE: The tariff classification of a cotton backpack from China

Dear Ms. Murphree:

In your letter dated November 11, 1997 you requested a tariff classification ruling.

The item which The Gap, Incorporated intends to import is a backpack (style 242884) with an outer surface of a 100 percent cotton woven fabric and having a textile fabric lining, an interior pocket with a hook and loop fastener closure, an exterior open top pocket on the side of the pack opposite the user's back, self fabric backpack straps which are stitched permanently to the exterior of the bag at the two opposite corners of its base and which enter a hemmed pocket encircling the top of the bag to form a draw cord closure. When the top is completely open the backpack measures approximately 13 x 15 inches.

The applicable subheading for the cotton backpack 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 6.9 percent ad valorem.

Item 4202.92.1500 falls within textile category designation 369. Based upon international textile trade agreements, products of 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). The sample is being returned herewith in accordance with your request.

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.

Sincerely,

Artis M. Morgan, Jr.
Port Director
Seattle


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