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NY F83082

February 22, 2000

CLA-2-42:RR:NC:TA:341 F83082


TARIFF NO.: 4202.92.3020

Ms. Lynn King/East Building
Tupperware U.S., Inc.
14901 South Orange Blossom
Orlando, FL 32837

RE: The tariff classification of a rucksack type of backpack from Philippines.

Dear Ms. King:

In your letter dated February 11, 2000, you requested a classification ruling for a rucksack type backpack.

The sample submitted, identified as a “Fashion Cooler Bag”, is a small rucksack type of backpack. It is manufactured with an exterior surface of man-made textile materials and consists of two sections, upper and lower. The upper section is for general carrying of personal goods and accessories. The lower section is insulated and intended to contain food or provisions. The “Fashion Cooler Bag” is not chiefly used for the preparations, storage and serving of food or beverages. It is of the same class or kind of goods as the backpacks, haversacks and/or rucksacks of Heading 4202. Your sample is being returned as requested.

The applicable subheading for the rucksack type of backpack of man-made textile materials 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, of man-made fibers, backpacks. The duty rate will be 18.6 percent ad valorem.

HTS 4202.92.3020 falls within textile category designation 670. Based upon international textile trade agreements products of Philippines are subject to the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7091.


Robert B. Swierupski

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