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NY L83513




April 4, 2005

CLA-2-42:RR:NC:TA:341 L83513

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Joanne Harmon
Customs Compliance Assistant
CVS / Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a child’s backpack from China.

Dear Ms. Harmon:

In your letter dated March 28, 2003, you requested a classification ruling for a child’s backpack.

You have submitted a representative sample of a “Four Style Disney/Nickelodeon Licensed Backpack Assortment”, CVS item number 316467. The item is a child’s backpack consisting of 2-Sponge Bob, 1-Dora The Explorer and 1-Disney Princess. The sample submitted is manufactured with an exterior surface of polyester man-made fiber textile material with a front panel of polyvinyl chloride (PVC) sheeting. It measures approximately 11”(W) x 14 ½”(H) x3 ½”(D). The top of the bag is secured by means of a textile zippered closure. 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. 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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