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NY M86581





October 25, 2006

CLA-2-42:RR:NC:TA:341 M86581

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Ms. Melissa Fox
Barthco International Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a drawstring backpack from China

Dear Ms. Fox:

In your letter dated September 21, 2005, you requested a classification ruling for a drawstring backpack on behalf of Leonard Feinberg, Inc. Your sample is being returned as requested

You submitted a sample of a backpack identified as style 001-34. It is designed to contain personal effects during travel. It is manufactured of 80% cotton, 20% polyester textile material. The pack features a single, unlined interior compartment with no additional features. It measures approximately 18”(H) x 11”(W) 5.5” (D). The top of the bag is secured by means of a drawstring closure, which converts into shoulder straps so that the bag can be worn as a backpack.

The applicable subheading for the backpack will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 percent ad valorem.

HTSUS 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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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