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NY C89485




July 14, 1998

CLA-2-42-NO:CO:D09 C89485

CATEGORY : Classification

TARIFF NO.: 4202.92.3020

Mr. Louis S. Shoichet
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway, 43rd Floor
New York, NY 10036-8901

RE: The tariff classification of a backpack from China

Dear Mr. Shoichet:

In your letter dated June 24, 1998 you requested a tariff classification ruling on behalf of your client, Avon Products, Inc.

The submitted sample, you identified as PP-1739808, is a child's novelty backpack constructed of man-made fibers. The backpack is shaped to resemble a face of a stuff bear and measures approximately 9" x 9" x 3". The bag features a zippered top closure, adjustable textile straps, and a textile carrying handle at the top of the backpack.

The face of the bear strong resembles the character, "WINNIE THE POOH", which is a registered trademark with the United States Customs Service and an authorization to import these bags may be required prior to release from Custom's custody. Your sample is being returned per your request.

The applicable subheading for the above bags 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: of man-made fibers, backpacks. The rate of duty will be 19 percent ad valorem.

Items classifiable under 4202.92.3020 fall within textile category designation 670. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

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. 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.

We note that the submitted sample is not marked with the country of origin. Therefore if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the article would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit."

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.

Sincerely,

Allen H. Paterson,
Port Director

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