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NY K87791




July 19, 2004
CLA-2-42:RR:NC:TA:341 K87791

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Derek Lui
Special Marketing Strategies Ltd.
6th Floor, 39 Gloucester Road
Wan Chai, Hong Kong

RE: The tariff classification of a “Backpack with Diaper Changing Pad” from China.

Dear Mr. Lui:

In your letter dated July 9, 2004, you requested a classification ruling.

The sample submitted is not identified by style number. The item is a backpack designed to be a diaper bag. It is principally used to provide storage, protection, organization and portability for clothing and other personal effects. It is manufactured with an exterior surface of polyester man-made fiber textile material. The interior consists of a heavy gauge vinyl lined compartment with a zippered and mesh back wall pocket and a bottle holder on one side. The bag features an elasticized storage pocket on both side exterior and a front zippered organizational compartment. The rear exterior has a full-width storage pocket, which contains the changing pad. The bag measures approximately 14-½”(H) x 12”(W) x 4”(D). The top of the bag is secured by means of a braided drawstring closure underneath a flap with hook and loop fastener.

The applicable subheading for the backpack with changing pad will be 4202.92.3031, 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, other. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.3031 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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