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NY D80526



August 19, 1998

CLA-2-42:K:TC:B6:G21 D80526

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.4000; 4202.92.3016; 4202.92.3020; 4202.92.3031; 4202.92.4500

Ms. Donna Segro
Import Manager
Pepe Jeans USA, Inc.
35 Henry Street
Secaucus, NJ 07094

RE: The tariff classification of a bookbag, backpacks and travel bags from China.

Dear Ms. Segro:

In your letter dated July 13, 1998, you requested a classification ruling.

The items which you intend to import are a bookbag, four travel bags and three backpacks. Style #67 1300411-553/JDA-12, Street Flag Messenger Bag, is a bookbag composed of 100% cotton canvas material. This bag features a zippered pocket on the front and closes with a flap secured by a snap fastener. It is carried by a fabric strap. Style #68 1300395-645/JRA-4, Velvet Tote, is a totebag composed of 100% cotton velveteen material. It closes with a loop fastener and is carried by two self-material straps. Style #68 1300397- 475/JDA-3, Kelly Bag, is a travel bag with an outer surface of nylon material. It closes with a zipper and is carried by two handles. Style #65 1300393 - 475/JDA-1, Nylon Flag Tote, is a travel bag with an outer surface of nylon material. This is an open top bag and is carried by two self-fabric handles.

Style #65 1300406-100/JDA-10, Basic Binding Backpack, and Style #65 1300394-730/JDA-2, Basics Nylon Backpack, are backpacks with an outer surface of nylon material. They both feature pouches on the front. They close with zippers across the top and are designed to be worn on the back. Style #95 1300405, Pacific Cargo Backpack, is a nylon canvas backpack. This item features a pocket on the front and two side pockets. There is a flap covering the drawstring closure and it is designed to be worn on the back. Style #67 1300407-131/JDA-9, Plastic Beach Bag, is a travel bag of clear soft plastic material. This bag closes with a drawstring and is carried by a single strap. Your samples will be returned to you as requested.

The applicable subheading for the bookbag, style #67 1300411-553/JDA-12, will be 4202.12.4000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA) , which provides for trunks, suitcases, vanity cases, school satchels and similar containers...with outer surface of textile material, of cotton. The duty rate will be 6.8% ad valorem.

The applicable subheading for the velvet tote, style #68 1300395-645/JRA-4, will be 4202.92.3016, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of cotton. The duty rate will be 19% ad valorem.

The applicable subheading for backpacks, style #65 1300406-100/JDA-10, style #65 1300394-730/JDA-2 and style #95 1300405, will be 4202.92.3020, 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% ad valorem.

The applicable subheading for style #68 1300397-475/JDA-3 and style #65 1300393-475/JDA-1, will be 4202.92.3031, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 19% ad valorem.

The applicable subheading for the plastic beach bag, style #67 1300407-131/JDA-9, will be 4202.92.4500, HTS, which provides for travel, sports and similar bags with outer surface of sheeting of plastic, other. The duty rate will be 20% ad valorem.

Items classifiable under 4202.12.4000 and 4202.92.3016 fall within textile category designation 369. Items classifiable under 4202.92.3020 and 4202.92.3031 fall within textile category designation 670. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

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 (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.

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,

John J.

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