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NY B82670

March 17, 1997

CLA-2-42:RR:NC:TA:341 B82670


TARIFF NO.: 4202.92.3020

Mr. Richard Tomasek
Phoenix Int'l Freight Services, Ltd.
712 N. Central Ave.
Wood Dale, IL 60191-1263

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

Dear Mr. Tomasek:

In your letter dated February 7, 1997, on behalf of North American Bear, Co. you requested a classification ruling for a novelty backpack.

The sample submitted, described as a "Bat Backpack", is a novelty backpack designed in the shape of bat designed to contain personal effects. The pack is composed of 100 percent polyester knitted fabric known as "velboa". The item features a full width/length rear zippered compartment and double webbed textile strap designed to be worn on the back.

The applicable subheading for the novelty backpack of polyester 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, backpacks. The duty rate will be 19.3 percent ad valorem.

Items classifiable under 4202.92.3020 falls within textile category designation 670. 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. 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 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 Kevin Gorman at 212-466-5893.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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