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NY L81231




December 29, 2004

CLA-2-42:RR:NC:TA:341 L81231

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Ashley Gonzales
Hamco, Inc.
P.O. Box 1028
Gonzales, LA 70707

RE: The tariff classification of a backpack from China.

Dear Ms. Gonzales:

In your letter dated December 9, 2004, you requested a classification ruling for a backpack.

The sample submitted is identified as a “Nylon Drawstring Bag”. No style number was submitted. The item is a backpack designed to contain personal effects on a daily basis. It is manufactured with an exterior surface of 100% nylon woven fabric. The bag has an unlined interior compartment with no additional features. It measures approximately 18”(H) x 13”(W). 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.

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 rate of duty will be 17.6 percent ad valorem.

HTS 4202.92.3020 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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