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NY N012230




June 26, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Yi Shu
Augusta Sportswear
425 Park West Drive
Grovetown, GA 30813

RE: The tariff classification of a backpack from China

Dear Ms. Shu:

In your letter dated March 23, 2007, you requested a classification ruling. Your sample is being returned to you.

The sample submitted is identified as style number 200, “Athletic Fleece drawstring backpack.” It is a backpack constructed with an exterior surface of 100% polyester textile material. The interior is unlined and consists of a single compartment with no additional features. The backpack has double braided cords that serve as a drawstring closure and as straps that allow the bag to be worn over the shoulders and on the back. The backpack is designed to provide storage, protection, organization and portability for accessories and personal effects during travel. It measures approximately 13” (W) x 17” (H).

The applicable subheading for the backpack will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport, and similar bags, with outer of textile material, of man-made fibers, backpacks. The duty rate will be 17.6%.

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/.

HTSUS 4202.92.3020 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 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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