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NY L83989




May 5, 2005

CLA-2-42:RR:NC:TA:341 L83989

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Ms. Lesa R. Hubbard
JCPenney Purchasing Corporation
6501 Legacy Dr.
Plano, TX 75024-3698

RE: The tariff classification of a backpack from China.

Dear Ms. Hubbard:

In your letter dated April 19, 2005, you requested a classification ruling for a backpack.

The sample submitted is identified as lot number 651-4372 “Back Sack”. The item is a 100% cotton denim backpack designed to be worn on the back. It is presented and sold at retail with assorted decorations. The bag measures approximately 15”(H) x 13”(W). The top of the backpack is secured by means of a hook and loop fastener. The backpack with the assorted decorations will be classified as a backpack of cotton. Your sample is being returned as requested.

The applicable subheading for the backpack with decorations will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of cotton. The duty rate will be 6.3 percent ad valorem.

HTS 4202.92.1500 falls within textile category designation 369. 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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