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NY N012989




June 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

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

RE: The tariff classification of a backpack from China

Dear Ms. Shu:

In your letter dated June 12, 2007, you requested a classification ruling. Your sample with be returned as requested.

The sample submitted is identified as an “Ultimate-Pak Tri-Color Large Cinch,” style 9410. The item is a backpack designed to contain personal effects and accessories on a daily basis. It is manufactured with an exterior surface of man-made textile material. The interior features a single unlined compartment with a zippered pocket on the back wall. The exterior of the bag has a pocket that is the full width of the bag and secures with a plastic fastener when pulled closed. The top of the bag is secured by means of a braided drawstring closure. The same straps are attached to the right and left side of the bag so that the bag can be worn as backpack. It measures approximately 16” (W) x 19” (H).

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 rate of duty will be 17.6 percent 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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