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NY K84257





March 24, 2004
CLA-2-42:RR:NC:TA:341 K84257

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Cheryl Santos
CVS/Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a backpack from China.

Dear Ms. Santos:

In your letter dated March 10, 2004, you requested a classification ruling for a backpack.

The sample submitted is identified as CVS item 266954 “Cinch Bag”. The item is a backpack designed to contain personal effects and accessories on a daily basis. It is manufactured with an exterior surface of nylon man-made textile material. The interior features a single textile lined compartment with no additional features. It measures approximately 12 ½”(W) x 15”(L). The top of the bag is secured by means of a braided drawstring closure. The same straps are attached to the bottom of the bag so that the bag can be worn like a backpack or carried by means of a braided loop at the top of the bag. Your sample is being returned as requested.

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, of man-made fibers, backpacks. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.3020 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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