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NY L86201





July 29, 2005

CLA-2-42:RR:NC:3:341 L86201

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Francine Marcoux
Hampton Direct Inc.
350 Pioneer Drive
P.O. 1199
Williston, VT 05495

RE: The tariff classification of novelty backpacks from China

Dear Ms. Marcoux:

In your letter dated July 12, 2005 you requested a classification ruling.

A copy of a color catalog page has been submitted. The items are identified as styles 51260/Monkey, 51262/Lion and 51264/Puppy. Each item is described as a backpack for pre-school children and used to carry personal effects and clothing. Each bag has a plush relief image of the animal from which it gets its name affixed to the visible side of the backpack when worn on the person.

The applicable subheading for the novelty backpacks will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Backpacks of man-made fiber textile materials fall 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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