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NY F82616




February 11, 2000

CLA-2-42:RR:NC:TA:341 F82616

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a backpack from China.

Dear Ms. Epstein:

In your letter dated February 2, 2000, on behalf of Avon Products, Inc., you requested a classification ruling for a backpack.

The sample submitted is identified as Product Profile (PP) 202522, product of China. It is worn on the person as a backpack and it can be converted into a haversack by zippering the shoulder straps together forming a single strap. The bag is wholly manufactured of man-made textile materials. PP202522 is trapezoid in shape and approximately 14" high by 12" at its widest. The base measures 11" x6" (662") and has an interior padding to cushion the bottom. The bag features one large central compartment. The interior is unstructured and has is a small zippered wall pocket. The top has a full width zippered opening that permits easy access for large articles and a self-material pick-up loop. There is a vertical zippered opening on the front of the bag and two small zippered security pockets on the exterior front of the bag. Your sample is being returned as requested.

PP 202522 is similar to item HBSM#3 that was the subject of Customs decision HQ 961513, September 24, 1998. It is of a kind designed to contain clothing or other personal effects, as well as books or school related items, in addition to the small accessories commonly carried while traveling about. It is designed to contain a wide variety of goods not normally carried in a handbag.

The applicable subheading for the backpack 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 18.6 percent ad valorem.

HTS 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 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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