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NY K89981




October 20, 2004

CLA-2-42:RR:NC:TA:341 K89981

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Christina A. Hodgson
Foot Locker Corp.
3543 Simpson Ferry Rd.
Camp Hill, PA 17011

RE: The tariff classification of a backpack from China.

Dear Ms. Hodgson:

In your letter dated October 7, 2004, you request a classification ruling for a backpack.

The sample submitted is identified as a “Nylon Gym Sack”, style 8105005. The item is a backpack designed to contain personal effects on a daily basis. It is manufactured with an exterior surface of nylon man-made fiber textile material. The bag features a single, unlined interior compartment with no additional. It measures approximately 14”(W) x 17 ½”(H). The top of the bag is secured by means of a braided drawstring closure that converts into the shoulder straps. 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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