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NY G84698




December 6, 2000

CLA-2-42:RR:NC:341:G84698

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Mr. Tim Parsons
Parsons Trading
5 Thunderbird Drive
Novato, CA 94949

RE: The tariff classification of a backpack from China.

Dear Mr. Parsons:

In your letter dated November 21st, 2000, on behalf of Bell Sports, you requested a classification ruling.

The sample submitted with your request is a backpack with a hydrasak. The essential character of the item is the backpack. The exterior surface of the backpack is 100% polyester textile material. The hydrasak is a plastic bladder with a plastic tube to provide hands free access to liquid while engaging in physical activity. The hydrasak is affixed to the front interior of the backpack and placed inside an open pocket. The backpack has a large central compartment that is secured by a zip-around closure and a small zippered compartment on the front exterior. Two carry straps are permanently attached to the rear exterior to enable the user to wear the bag on one's back.

The applicable subheading for the backpack with hydrasak 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 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).

Your sample is being returned as requested.

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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