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NY L89245





December 9, 2005

CLA-2-42:RR:NC:TA:341 L89245

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Mr. David Chen, Senior V.P.
Kids of America Corp.
39 Route 46 East, Suite # 805
Pine Brook, NJ 07058

RE: The tariff classification of a backpack from China.

Dear Mr. Chen:

In your letter dated November 28, 2005, you requested a classification ruling for a backpack.

The sample submitted is identified as item B14001 “Backpack Junior”. 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 with PVC backing. The bag has an unlined interior compartment with no additional features. It measures approximately 16”(H) x 12”(W). The top of the bag is secured by means of a braided drawstring closure with a cord lock fastener. 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 rate of duty will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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