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NY E89434




November 12, 1999

CLA-2-42:RR:NC:341:E89434

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Tamee MacMillan
Cyrk, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of a duffel bag on wheels with a removable backpack from the Philippines.

Dear Ms. MacMillan:

In your letter dated November 2nd, 1999, you requested a classification ruling.

The subject of your request, style Inc-22950, is described as "36" Wheelbag with Backpack". Although a sample was not submitted, detailed professional drawings (flats and specs) were included in your request.

Style Inc-22950 is a composite of a duffel bag on wheels and a removable backpack. It is manufactured wholly of 100% polyester textile materials. The overall length, height, and width is 36" x 15.25" x 14". The backpack is classified under HTS subheading 4202.92.3020. The duffel bag is classified under HTS subheading 4202.92.3031. Style Inc 22950 is considered a set pursuant to General Rule of Interpretation (GRI) 3(b): both the backpack and duffel bag share the common purpose of organizing, storing, protecting, and carrying items placed therein. The duffel bag imparts the essential character of the set.

The applicable subheading for style Inc-22950 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 duty rate will be 18.8% ad valorem.

Items classifiable under HTS subheading 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements products of the Philippines are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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