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NY N011919




June 18, 2007

CLA-2-63:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020, 9403.80.6040, 6307.90.9889

Tonya Simpson
International Brokerage Services, Inc.
P.O. Box 20887
Atlanta, GA 30320

RE: The tariff classification of a backpack laundry duffle, a rolling hamper sorter, and a hanging storage bag from China

Dear Ms. Simpson:

In your letter dated May 1, 2007, you requested a tariff classification ruling on behalf of your client, The Evercare Company, of Alpharetta, Georgia, on three items. In supplemental correspondence dated June 4 and 5, from DLA Piper US LLP, Evercare’s law firm, we received additional information and an actual full production version of the item you refer to as the “Backpack Laundry Duffle.” Per their request, we are issuing a ruling to you on the updated version, as well as on the other items.

The production sample of the item you refer to as the Backpack Laundry Duffle is a drawstring backpack that measures approximately 22” (H) x 16” (W). It has adjustable padded shoulder straps. The top half of the bag is a warp knit double-faced man-made fiber fabric and the bottom half is plain woven man-made fiber fabric. The exterior of the item features three small pockets of the same warp knit fabric as the top. It is of a durable construction and is suitable for continued reuse. It is designed to provide storage, protection, portability, and organization to clothing and other personal effects during travel. While the bag may be used within the home, it is not designed exclusively for domestic use.

In your ruling request you suggested classification of the backpack under subheading 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles, other. However, the bag is specifically provided for in heading 4202, HTSUS. Backpacks are designated eo nomine in heading 4202. Eo nomine designations include all forms of the article in issue.

Backpacks are commonly understood to be a pack or knapsack used to carry personal effects which include equipment, clothing and food, and are worn on the back of the user. Additional U.S. Note 1 to Chapter 42 specifically provides that the "travel, sports and similar bags" of heading 4202, HTSUS, refers to goods of a kind designed for carrying clothing and other personal effects during travel, including backpacks.

The applicable subheading for the backpack will be 4202.92.3020, HTSUS, which provides for travel, sport, and similar bags, backpacks, of man-made textile materials. The rate of duty will be 17.6% ad valorem.

 Subheading 4202.92.3020, HTSUS, falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

The second sample is a “Rolling Hamper Sorter,” a pair of attached “barrels” with a collapsible metal wire frame covered with polyester mesh sides and webbed carrying handles. The bottom is plastic with six wheels. Each barrel features a textile fabric divider. A toggle and loop hold it in the collapsed state; a mesh drawstring bag is included to store the collapsed hamper.

The applicable subheading for the Rolling Hamper Sorter will be 9403.80.6040, HTSUS, which provides for “Other furniture and parts thereof: Furniture of other materialsOther, Household.” The rate of duty will be Free.

The third sample is a “Smart Design Hanging Storage,” a collapsible hanging storage device that is constructed of four textile fabric-covered plastic shelves that are held together by mesh fabric sides and backing that create eight storage compartments. Adjustable webbed straps are attached to the top to hang the organizer.

The applicable subheading for the Smart Design Hanging Storage will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% 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/.

The samples will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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