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NY M80768




February 23, 2006

CLA-2-42:RR:NC:TA:341 M80768

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Linda K. Kohl
Danzas AEI Intercontinental
500 Rutherford Avenue
Charlestown, MA 02129

RE: The tariff classification of a backpack from China.

Dear Ms. Kohl:

In your letter dated January 26, 2006, you requested a classification ruling for a backpack on behalf of Delhaize Group/Food Lion, Inc.

The submitted sample, item PIT001287, is a backpack made up of man-made fiber textile material. The pack has one main storage compartment that is of an insulated construction and one side pocket that is fitted with various picnic accessories (2 stainless steel knives, 2 stainless steel forks, 2 stainless steel spoons, 1 cheese knife, 1 bottle opener, 2 melamine plates, 2 melamine mugs, 2 cotton napkins, 1 plastic cutting board, 2 salt/pepper shaker). The backpack is not of a waterproof construction and is not capable of functioning as a traditional cooler or ice chest.

Item PIT001287 is a set as described in General Rule of interpretation (GRI) 3(b). The traveling bag is the component that imparts the essential character of the set.

The applicable subheading for the backpack will be 4202.92.3020 Harmonized Tariff Schedule of the United States (HTSUS), 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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