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NY J85916




July 8, 2003

CLA-2-42:RR:NC:3:341 J85916

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Zakir Ally
C/o CDP ASIA LTD.
12 West 57th Street, 5th Floor
New York, NY 10019

RE: The tariff classification of a backpack from China

Dear Mr. Ally:

In your letter dated June 27th, 2003 you requested a tariff classification ruling.

The sample submitted, identified as Style #C-86729, is a backpack constructed of 100 percent cotton textile fabric. Measuring approximately 11 ¾”W x 14”H, the open pack features two pairs of shoulder straps on its back.

The applicable subheading for the backpack 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 6.4 percent ad valorem.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

Items classified in HTS 4202.92.1500 fall within category designation 369. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

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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