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NY F88643




June 22, 2000

CLA-2-42:RR:NC:341:F88643

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. L.C. Chan
Sherry Mfg. Co., Inc.
3287-3321 M.W. 65th St.
Miami, Florida 33147

RE: The tariff classification of novelty backpacks from China.

Dear Ms. Chan:

In your letter dated June 13th, 2000, you requested a classification ruling.

The samples submitted with your request are novelty backpacks constructed of an exterior surface of textile material comprised of 75% acrylic and 25% polyester. Item #1394, "frog backpack", is designed in the figure of a frog, which with the exception of its torso, is plush. The front torso has a full-length zippered opening that measures approximately 10 1/2" x 8". Two adjustable straps of nylon webbing are attached to the frog figure that enable use as a backpack. Style #1447, "bear backpack", is designed in the figure of a bear, which with the exception of its torso, is plush. The rear torso has a zippered opening that measures approximately 8 1/2" x 8 1/2". Two adjustable straps of nylon webbing are attached to the bear that enable use as a backpack.

The applicable subheading for #1394 and #1447 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 materialsbackpacks. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.92.3020 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 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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