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NY C84037

FEBRUARY 13, 1998



TARIFF NO.: 4202.92.2000

Mr Greg Landauer
Peyton USA
1031 Ives Dairy Rd,Suite 228
N. Miami Beach, FL 33179

RE: The tariff classification of BACKPACKS from China.

Dear Mr Landauer:

In your letter dated February 1, 1998 you requested a tariff classification ruling.

The samples submitted with your request, items 2,3,4,5,12361, are backpacks. You state in your letter that the outer material of all samples is a textile fabric composed of 55
rami/45 polyester. Items 2,3,4, and 5 are approximately 17"x12"x5" in size. All feature an undivided, unlined interior with zipper top closure, various styles of exterior pockets with zipper closure, double padded back straps, and a small web hand strap. Item 12361 is approximately 17"x12"x6" in size. This pack features an unlined, undivided interior with full three sided zipper closure, three exterior pockets with zipper closure, double padded back straps and small web hand strap. In addition this item has wheels on the bottom and a telescopic handle.

The applicable subheading for all five backpacks will be 4202.92.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, other. The rate of duty will be 6.2 percent ad valorem.

These backpacks fall within textile category designation 870. Based upon international textile trade agreements, products of China in category 870 are subject to visa and quota requirements.

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 Part 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.


Richard Barrette
Service/Area Port Director
Providence, RI

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