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NY 859691

February 7, 1991

CLA-2-42:S:N:N3G:341 859691


TARIFF NO.: 4202.92.3020

Mr. Steven M. Kott
K Mart Apparel Corp.
7373 West Side Avenue
North Bergen, NJ 07047-6411

RE: The tariff classification of a nylon backpack from China.

Dear Mr. Kott:

In your letter dated January 16, 1991, you requested a tariff classification ruling.

The submitted sample, style #4266, is a child's nylon backpack designed with adjustable carrying straps to be worn on the back. The bag is lined with textile materials and measures approximately 11" x 13" x 5". The front of the bag features a full width zippered pocket and is printed with the "Teenage Mutant Ninja Turtles" logo. It closes by means of a top zippered closure. The item at issue will be imported with a cardboard insert which is used to retain the shape of the bag prior to retail. The insert is considered as packing. Your sample is being returned per your request.

The applicable subheading for style #4266, the backpack of nylon textile materials, will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 20 percent ad valorem.

Item 4202.92.3020 falls within textile category designation 670. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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