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NY M82943




May 2, 2006

CLA-2-42:RR:NC:TA:341 M82943

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of novelty backpacks from China.

Dear Ms. Aldinger:

In your letter dated April 19, 2006, you requested a classification ruling.

Item #9545916, identified as “Lovable Plush Animal Backpack Assortment”, is comprised of novelty child’s backpacks of man-made fiber textile materials. Each backpack is not fully plush. Only the heads, arms, and feet are fiber filled. The main body of each backpack is an open storage area.

The applicable subheading for the novelty backpacks 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, other. 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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