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May 20, 1998


CATEGORY : Classification

TARIFF NO.: 4202.92.4500

Ms. Christine Fini C.P.M.

E. Rosen Company

1005 Main Street

Pawtucket, RI 02660

RE: The tariff classification of backpack from Hong Kong.

Dear Ms. Fini:

In your letter dated April 15, 1998 you requested a tariff classification ruling on a backpack.

You have submitted one sample which has no style number. The bag is a child's backpack with an outer surface of plastic sheeting. The backpack is oval with a ladybug design. The item is carried by means of a textile carry handle in addition to adjustable textile shoulder straps. The backpack closes with a nylon zipper across the top.

The applicable subheading for the ladybug backpack will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic. The rate of duty will be 20 percent ad valorem.

We note that the submitted sample is not marked with the country of origin. Therefore if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. ยง1304. Accordingly, the article would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit."

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.


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