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NY H89643





April 1, 2002

CLA-2-42:RR:NC:3:341 H89643

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500, 4202.92.6091

Mathews C. Herring
Vice President- Import Services
C/o Allegheny Brokerage Company, Inc.
5389 C.V. Jackson Road, Suite 1
New River Valley Airport
Dublin, Virginia 24084

RE: The tariff classification of a backpack and cell phone case from China

Dear Mr. Herring:

In your letter dated March 14th, 2002 you requested a tariff classification ruling. The request is on behalf of Fei Da Trading Company, Inc.

The sample submitted is identified as Model number THY-620(A), a 100 percent cotton backpack with a detachable cell phone case. The pack measures 12”(W) x 13 ½”(H) x 6”(D). The pack has a woven cotton carrying handle on the top and two shoulder straps on the back. The front of the pack features an exterior flap pocket covering the lower half of the front and exterior flap pockets on both sides. The open top of the backpack closes with a drawstring and a flap pocket. All of the flap pockets close with woven cotton straps. Attached by a D-ring to the bag’s top pocket flap is a woven cotton cell phone holder.

The backpack and cell phone case are presented to be put up for retail sale as a set. The backpack imparts the essential character of the set. If imported separately the backpack would normally be classified in tariff number 4202.92.1500, 6.5% ad valorem and cell phone case in number 4202.92.6091, 6.5% ad valorem.

Your sample is being returned as requested.

The applicable subheading for the cotton backpack with cell phone case will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.5% ad valorem.

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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