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NY 806623

February 28, 1995



TARIFF NO.: 4202.92.3020

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, MO 64108

RE: The tariff classification of an expandable "Fanny-Bag" from China.

Dear Mr. O'Neill:

In your letter dated January 30, 1995, you requested a tariff classification ruling on behalf of the importer, Worldway Industrial Co., Orange, CA.

The sample submitted with your request, item #KN-3872, is an expandable fanny pack. As a fanny pack, the item is approximately 9 1/2" long x 2 1/2" wide x 4 1/2" high. The pack has two pockets with zipper closures and the exterior surface is leather. The middle has a zipper which goes all the way around. When unzipped, this allows the bag to expand.

As a backpack the item is approximately 10" long x 2 1/2" wide x 4 1/2" high. The expandable section is nylon. The backpack has the same two pockets as the fanny pack plus the interior of the expanded nylon section, all are secured by means of a zipper. The essential character of the exterior surface, as a backpack, is textile i.e., nylon.

Item #KN-3872 is essentially a backpack.

The applicable subheading for Item #KN-3872 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, other, of manmade fibers, backpacks. The rate of duty will be 19.8 percent ad valorem.

Item #KN-3872 falls within textile category designation 670L. Based upon international textile trade agreements, products from China are subject to visa requirements and quota restraints.

Your sample is being returned as requested.

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, 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 (Restraints 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.

Sincerely yours,

Richard A. Barrette
District Director
Providence, R.I.

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