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NY C88806




June 30, 1998

CLA-2-42 SE:C:D G02 C88806

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020, 4202.92.3031

Tamee MacMillan
CYRK, Inc.
3 Pond Road
Gloucester, Massachusetts 01930

RE: The tariff classification of a backpack and a gear bag with outer surfaces predominantly of polyester fabric from the Philippines or Thailand

Dear Ms. MacMillan:

In your letter dated June 4, 1998 you requested a tariff classification ruling.

One of the items which CYRK, Inc. intends to import is a backpack (Style C-9 105 "Urban Sport Backpack") having a zippered top closure, two zippered exterior compartments/pockets (one lying on top of the other on the face of the pack opposite the user's back), a zippered interior textile mesh fabric compartment, sides having width dimensions which can be adjusted (decreased) by using rubber-cored braided cords with plastic slide locks which have been laced through textile webbing loops affixed to the opposite edges of each side, and two adjustable backpack straps. The other item which CYRK, Inc. intends to import is a gear bag (Style C-9 104 " 26" Gear Bag") having a zippered top closure, two zippered end compartments, a zippered exterior pocket, two textile webbing carry handles having a wrap around textile fabric grip, an adjustable textile webbing handle/strap permanently affixed to each side near the top of the bag, and an adjustable detachable textile webbing shoulder strap with a shoulder pad. Both items have outer surfaces predominantly of polyester fabric.

The applicable subheading for the backpack 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 man-made fibers, backpacks. The rate of duty will be 19 percent ad valorem. The applicable subheading for the gear bag will be 4202.92.3031, 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 man-made fibers, other. The rate of duty for this item will also be 19 percent ad valorem.

Items 4202.92.3020 and 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements, products of the Philippines and Thailand 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 samples are 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

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