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January 15, 1999

CLA-2-42:SE:C:D:G02 D86206

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Mr. Charles H. Bayar, Esq.
P.O. Box 4527, Grand Central Station
New York, NY 10163

RE: The tariff classification of a polyester backpack from China

Dear Mr. Bayar:

In your letter dated December 30, 1998 you requested the tariff classification for the ALTO Sports Style B-555 Backpack on behalf of your client, WOK Trading LLC of Parker, Colorado.

Style B-555 is a backpack measuring approximately 9 1/2" x 6" x 20" when fully expanded. It features a top flap closure with a zippered compartment, padded shoulder straps and a top carrying handle. Two overlapping zippered compartments are sewn onto the front of the bag; the “ALTO SPORTS” logo appears on the top pocket. The front of the bag is comprised largely of a heavyweight woven polyester fabric. The sides and the bottoms are of fabric backed PVC sheeting which is embossed to simulate a woven fabric. The outer surface of the back is of a lightweight woven man-made fiber fabric. We find that the essential character of the bag is imparted by the man-made fiber fabrics.

The applicable subheading for the style B-555 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 18.8 percent ad valorem.

Item 4202.92.3020 falls 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 categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part ?PRINT?8[:B[:N[:V[:^[:d[:l[:t[:~[:Š[:”[: [:¬[:¶[:À[:Ê[:Ö[:â[:ì[:µ?ä?¶ ® – 9,1999?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.

Sincerely,

Artis M. Morgan, Jr.
Port Director
Seattle


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