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NY K81611




December 10, 2003
CLA-2-42:RR:NC:TA:341 K81611

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Ms. Lisa E. Girvin
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a backpack from China.

Dear Ms. Girvin:

In your letter dated November 28, 2003, you requested a classification ruling for a backpack.

The sample submitted is identified as item 023-0753 “Convertible Backpack”. The item is essentially a backpack that can be converted into a travel bag. It is manufactured with an exterior surface of 100% cotton textile material. The bag features a full zipper closure, two zippered pockets on the outside and a zippered pocket on the inside. The bag has a textile-carrying strap and removable shoulder straps designed to be carried by hand or on the back. It measures approximately 13” x 16” x 6 ½”. Your sample is being returned as requested.

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 duty rate will be 6.4 percent ad valorem. The duty rate for 2004 will be 6.3 percent ad valorem.

HTS 4202.92.1500 falls within textile 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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