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April 13, 1999

CLA-2-42:RR:NC:3:341 D89993

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Mr. Stephen W. Marlow
Tower Group IntÂ’l, Inc.
205 West Service Road
Champlain, NY 12919

RE: The tariff classification of novelty backpacks from China.

Dear Mr. Marlow:

In your letter dated March 25, 1999, on behalf of Bearhonstok, Inc., you requested a classification ruling for novelty backpacks.

The samples submitted, identified as items 1, 2, 3,and 4, are novelty backpacks designed in the shape of a bear. The items are manufactured with an exterior surface of man-made plush fabric filled with polyester fibers. The only plush parts are the arms, legs and head. The torso is unstuffed and is the actual carrying bag. The overall height is approximately 15". The unstuffed torso is approximately 8" deep and has a 7" zipper closure. The novelty bag has the primary useful function of containing personal effects while traveling about. You have indicated that the bags will be imported with or without the back straps. Your samples are being returned as requested.

The applicable subheading for the novelty backpacks of man-made textile materials (with or without straps) 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 18.8 percent ad valorem.

The backpacks 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 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 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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