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NY C88719


July 17, 1998

CLA-2-42:RR:NC:TA:341 C88719

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020; 3924.90.5500; 3926.90.9980

Ms. Monika Munro

Profreight Brokers, Inc.

177-25 Rockaway Blvd.

Jamaica, NY 11434

RE: The tariff classification of a backpack containing a sandwich box and beverage bottle from Hong Kong.

In your letter dated June 18, 1998, on behalf of Herlitz PBS Aktiengesellschaft, you requested a classification ruling for a backpack containing a sandwich box and beverage bottle.

The sample submitted, identified as a "Schoolbag Masters II", is a backpack manufactured with an exterior surface of man-made animal print materials. Inside the front exterior pocket is a beverage holder and a sandwich box of plastics. The side and front exterior pockets are made of a reflective man-made fiber material. The pack measures approximately 14"(H) x 12"(W) with 5" gussets. The item has a plastic carrying handle, in addition to padded shoulder straps designed to be carried by hand as well as worn on the back. The top is secured by means of a flap with reflective lock fasteners.

The applicable subheading for the backpack of man-made textile materials 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 duty rate will be 19 percent ad valorem.

The applicable subheading for the sandwich box of plastics will be 3924.90.5500, HTS, which provides for Other household articles... of plastics, Other, Other. The duty rate will be 3.4 percent ad valorem.

The applicable subheading for the beverage bottle of plastics 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 Hong Kong 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,


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