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NY J89861




October 24, 2003

CLA-2-42:RR:NC:3:341 J89861

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020, 4202.92.9026

Christine Mallard
C/o C Air International, Inc.
11222 S. La Cienega Boulevard, Suite 100
Inglewood, California 90304

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

Dear Ms. Mallard:

In your letter dated October 14th, 2003 you requested a tariff classification ruling. The ruling request is on behalf of Jomark Ind, Inc.

The first sample submitted, identified as “Speaker Backpack”, is a backpack with integrated speakers inserted for utilization with a portable CD player. The backpack is manufactured with an exterior surface of nylon man-made fiber textile material. The backpack features three zippered compartments. The first and second compartments are designed to contain personal effects normally carried on a daily basis. The third one is an additional compartment with a zippered pocket, which contain the amplifier and on the bottom sides are compartments that hold speakers. The item has padded shoulder straps and a webbed textile-carrying handle.

The applicable subheading for 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, other, of man-made fibers, backpacks. The rate of duty will be 17.8 percent ad valorem.

The second sample submitted, identified as the “Portable Speaker Kit Bag”, is a man-made fiber CD case which incorporates an amplifier and speakers. Constructed with an exterior surface of man-made textile fiber, the zippered case features two speakers, an amplifier, and plastic “pages” to hold compact disks.

The applicable subheading for the “Portable Speaker Kit Bag” will be 4202.92.9026, HTS, which provides, in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 17.8 percent ad valorem.

Both samples will be returned as requested.

Items classified in HTS 4202.92.3020 and HTS 4202.92.9026 fall within category designation 670. 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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