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NY C81731

November 25, 1997

CLA-2-42:RR:NC:TA:341 C81731


TARIFF NO.: 4202.92.6090; 4202.92.1500

Ms. Kathleen B. Wade
Phoenix Int'l Freight Services, Ltd.
4659 World Parkway Circle
St. Louis, MO 63134

RE: The tariff classification of a CD carrying case and a backpack from China.

Dear Ms. Wade:

In your letter dated November 12, 1997, on behalf of Aquarius Ltd., you requested a classification ruling for a CD carrying case and a backpack.

You have submitted two samples and literature with your request. You have submitted a sample of an item you described as a handbag, however the item appears to be a CD holder. The item is identified as style A3773 on photo supplied, but appears to be style 942016W in drawing. The front exterior features a zippered section sized to hold a CD player. The rear exterior features a three-sided zippered section with the interior fitted with slots sized for CD's. The case is manufactured with an outer surface of cotton canvas woven fabric.

Item number two, identified as style 942012W, is a backpack manufactured of cotton canvas woven fabric designed to contain personal effects during travel. The backpack features an additional zippered pocket on either side to contain other small personal effects. It is secured by means of a drawstring top closure, in addition to a flap with a metal snap fastener.

Your samples are being returned as you requested.

The applicable subheading for the CD case of cotton canvas woven fabric will be 4202.92.6090, Harmonized Tariff Schedule of the United States (HTS), which provides in part for other bags and containers, with outer surface of textile materials, other, of cotton, other. The duty rate will be 6.9 percent ad valorem.

The applicable subheading for the backpack of cotton canvas woven fabric will be 4202.92.1500, HTSUSA, which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.9 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the other items in your drawings. Your request for a classification ruling should include an actual sample of the items in condition as being imported.

The CD case and the backpack falls within textile category designation 369. 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.


Robert B. Swierupski

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