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NY 808146

March 29, 1995

CLA-2-42:S:N:N6:341 808146


TARIFF NO.: 4202.92.3040

Ms. Flavia Cesare
Mably International, Inc.
14 East 60th Street
New York, NY 10022

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

Dear Ms. Cesare:

In your letter dated March 15, 1995, you requested a classification ruling for a novelty backpack.

The sample submitted, identified as a "Silver Drawstring Bag", is a novelty backpack composed of a metallic mesh textile yarn with pvc trim. The item is intended to be a fashionable pack into which a girl or lady would place small personal effects. The bag's approximate dimensions are 7"(H) by 5 3/4"(D). The item is designed to be worn on the back by means of double twisted textile straps which doubles as a drawstring closure.

The applicable subheading for the novelty backpack of metallic mesh textile yarn will be 4202.92.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other. The duty rate will be 19.8 percent ad valorem.

Items classifiable under 4202.92.3040 fall within textile category designation 870. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories 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, to obtain the most current information available, 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
New York Seaport

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