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NY N025136




April 15, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050, 4202.92.3020, 4202.92.3031

Diane R. Pastoor
V. Alexander & Co., Inc.
100 McGhee Tyson Blvd., Suite 202
Alcoa, TN 37701-4105

RE: The tariff classification of a backpack, handbags and a tote bag from China

Dear Ms. Pastoor:

In your letter dated March 21, 2008 on behalf of Brand Science, LLC., you requested a classification ruling. Your samples are being returned.

Style 7637 is a backpack constructed with an outer surface of man-made textile material. The backpack is designed to provide storage, protection, organization and portability for accessories and personal effects during travel. The interior has a main textile-lined compartment with a zippered wall pocket and two open wall pockets. Two adjustable straps are permanently attached to the rear exterior of the bag which enables the user to wear the bag on the back. The front exterior of the bag has an open pocket and a zippered compartment. It secures with a nylon zipper closure and measures approximately 9.5” (W) x 11” (H) x 4” (D).

Style 7638 is a handbag constructed with an outer surface of man-made textile material. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. It has a main textile-lined compartment with a zippered wall pocket and two open pockets. It has an adjustable shoulder strap and a nylon zipper closure. The front exterior has an open pocket and a zippered compartment. The back exterior has an open pocket along the full width of bag. It measures 8” (W) x 7.5” (H) x 1” (D).

Style 7639 is a handbag constructed with an outer surface of man-made textile material. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. It has a main textile-lined compartment with a zippered wall pocket and two open pockets. It has both an adjustable shoulder strap and two carrying handles. The user has the option of wearing the bag on the shoulder or carrying it by hand. The front exterior has an open pocket and a zippered compartment. It has a nylon zipper closure and measures approximately 11.5” (W) x 8” (H) x 5.5” (D).

Style 7871 is a compartmentalized handbag constructed with an outer surface of man-made textile material. It is designed and sized to contain the small personal effects that would normally be carried on a daily basis. It has a main textile-lined compartment without a top closure. On opposites sides of the main compartment. The compartments are textile-lined with a zippered wall pocket and two open pockets. The handbag has a removable, adjustable shoulder strap with metal carabineers at both ends. It also has two carrying handles. The user has the option of wearing the bag on the shoulder or carrying it by hand. The front exterior has a zippered pocket along the full width of the bag. It measures approximately 12” (W) x 10” (H) x 2.5” (D).

Style 7875 is a tote bag constructed with an outer surface of man-made textile material. It is designed to provide protection, portability, storage, and organization to clothing, sundry articles, or personal effects during travel. The bag has a main textile-lined compartment without a top closure or additional features. The front exterior of the bag has three zippered pockets along the full width of the bag. It has a removable, adjustable shoulder strap with metal carabineers at both ends. The bag also has two carrying handles. The user has the option of wearing the bag on the shoulder or carrying it by hand. It measures approximately 14” (W) x 14.5” (H).

The applicable subheading for style 7637 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, other, of man-made fibers, backpacks. The duty rate will be 17.6% ad valorem.

The applicable subheading for style 7638, 7639, and 7871 will be 4202.22.8050, HTSUS, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for style 7875 will be 4202.92.3031, HTSUS which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6% 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 4202.22.8050, 4202.92.3020, 4202.92.3031 fall 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.

Your inquiry does not provide enough information for us to give a classification ruling on any style that will be constructed of the 0.17mm polyvinyl chloride (PVC) coated polyester material. Your request for a classification ruling should include samples in the same condition as imported. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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