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NY G87107




February 15, 2001

CLA-2-42:RR:NC:N3:341 G87107

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500; 4202.92.3020

Ms. Nancue Blaine
Panalpina on Continents
800 Arthur Avenue
Elk Grove Village, IL 60007

RE: The tariff classification of backpacks from China.

Dear Ms. Blaine:

In your letter dated February 7th, 2001, you requested a ruling on behalf of Trans-Pacific Trading, Inc. on tariff classification.

The samples submitted with your request are child’s backpacks made of fabric-backed sheeting of plastic and of textile material of man-made fibers. The top opening of each is secured by a zippered closure. A pocket is located on each exterior side and front of the bags. Two adjustable carry straps that enable use as backpacks are sewn to the rear exterior of the bags.

The applicable subheading for backpacks of nylon will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsbackpacks. The general rate of duty will be 18.3 percent ad valorem.

The applicable subheading for backpacks of sheeting of plastic will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, other. The general rate of duty will be 20 percent 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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