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NY G85383




December 27, 2000

CLA-2-42:RR:NC:TA:341 G85383

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Mr. Arvind K. Suri
J.F. Moran Co., Inc.
475 Douglas Pike
Smithfield, RI 02917

RE: The tariff classification of a novelty backpack from China.

Dear Mr. Suri:

In your letter dated December 13, 2000, on behalf of Felix Designs, you requested a classification ruling for a novelty backpack.

You have requested a classification ruling for two items identified as #11/16-15 and #12/15-1. The sample submitted is identified as item 11/16-15 “Stuffed Plush Toy Organizer”. The item is a novelty backpack manufactured of man-made textile materials. The useful functions of storage, protection, organization and portability are greater than any play value the item may have. The backpack features a large central compartment that is secured by means of a textile zippered closure and double carrying straps which enables the user to wear the bag on one’s back.

Your request does not provide enough information for us to issue a classification ruling on item 12/15-1, “Pajama Bag Holder”. Your request for a classification ruling should include an actual sample of the item as being imported and a breakdown of the fiber content by weight.

The applicable subheading for item 11/16-15, 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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