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NY N024611




April 8, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550, 4202.92.3020, 4202.22.1500, 6307.90.9889

Kelley Edwards
Blue Ridge International Products Company P.O. Box 989
Freeport, FL 32439

RE: The tariff classification of a handbag, a coin purse, a backpack, and children’s tethers from China

Dear Ms. Edwards:

In your letter dated March 5, 2008, you requested a classification ruling. The samples which you submitted are being returned as requested.

Style 50318 consists of a backpack, a coin purse, and a child’s tether. The backpack is constructed with an outer surface of 100% polyester textile material. It is designed to provide storage, protection, organization, and portability for accessories and personal effects during travel. The interior consists of a single compartment with no additional features and secures with a zipper closure. The front exterior has a zippered pocket and two open pockets. Adjustable webbed shoulder straps are permanently attached to the back exterior of the bag and enable the wearer to use it on his back. The waist strap has a removable polyester coin purse that secures with a snap closure. The backpack includes a removable 45” child’s tether that attaches to a plastic clip on the back exterior. The backpack measures approximately 6” (W) x 7.5” (H) x 1.25” (D).

Style 50319 consists of a child’s novelty handbag, and a tether. The handbag is constructed with an outer surface of 100% polyvinyl chloride (PVC) plastic sheeting material. It is designed and sized to contain the small personal effects that would be carried on a daily basis. It has a textile-lined interior compartment with no additional features. The bag has a flap that secures with a hook-and-loop closure and an adjustable webbed shoulder strap. It is imported with a waist strap that fits through loop on the rear exterior and secures with a metal D-ring closure. The bag also includes a removable 45” tether that attaches to the rear exterior by means of a metal J-clip. The handbag measures approximately 6.25’ (W) x 4.5’ (H) x 1” (D).

In your letter you suggest the proper subheading for styles 50318 and 50319 is 6307.90.9889, HTSUS, which provides for other made up textile articles, other. However, the handbag, backpack, and coin purse are akin to goods that are more specifically provided for in 4202, Harmonized Tariff Schedule of the United States.

The applicable subheading for the backpack, style 50318, will be 4202.92.3020, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, backpacks. The duty rate will be 17.6% ad valorem.

The applicable subheading for the coin purse will be 4202.32.9550, HTSUS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 17.6% ad valorem.

The applicable subheading for the handbag, style 50319, will be 4202.22.1500, HTSUS, which provides for in part, for handbags, whether or not with shoulder strap, including those without handle, with outer surface of sheeting of plastic. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the tethers of both styles 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/.

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 www.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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