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NY I84912




August 9, 2002

CLA-2-42:RR:NC:TA:341 I84912

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Paula M. Connelly
Middleton & Shrull
Attorneys at Law
44 Mall Road, Suite 208
Burlington, MA 01803-4530

RE: The tariff classification of a backpack from China, Taiwan, Philippines and/or Sri Lanka.

Dear Ms. Connelly:

In your letter dated August 1, 2002, on behalf of The Gem Group, Inc., you requested a tariff classification ruling for a backpack.

The sample submitted is identified as style MS-SS-9186 that has an overall size of approximately 17”x11.5”x5.5” and is teardrop in shape. The item is a carrying bag designed to be worn on the back by means of two padded and adjustable shoulder straps. It has a main compartment and two vertical zippered pouches, 12.5” x 10”, on the front of the bag. The pouches are each accessed by means of a nylon coil zipper and are designed to contain notebooks, other stationary articles and/or other personal effects. The shoulder straps are constructed of an inner of 0.25” foamed plastics padding and an outer cover of woven nylon fabric. There is a woven fabric pick-up loop sewn to the top center. It is manufactured of individual panels consisting of a three-layer construction. Each panel is fabricated of an outer surface of woven nylon fabric, a middle layer of 0.25”foamed plastics and an inner layer of woven nylon fabric. The foamed plastic present in the panel construction and shoulder strap is a form of insulation that is used as a shock cushion. The article has a 29” long, nylon coil top zipper closure, which opens across the top and down the left and right sides approximately 2/3rd the height of the bag. The interior main compartment is not fitted or otherwise divided. The interior width of each side panel is approximately 1.5”. The overall size of the interior compartment, the thicker than normal foamed plastic and the design of the zipper closure indicate that the bag is primarily intended to carry a device similar to a laptop computer.

The submitted sample does not conform to the written description submitted in your request. Specifically the bag’s dimensions are not the same and the sample does not have a top attached pouch measuring 14”x9”x5”. This ruling is predicated upon the sample submitted..

The applicable subheading for Style MS-SS-9186, lap top carrying bag, will be 4202.92.9026 Harmonized Tariff Schedule of the United States (HTS), which provides for other containers and cases, other, other, with outer surface of textile materials, other, of man-made fibers, backpacks. The rate of duty will be 18.1 percent 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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