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NY F88033

June 13, 2000



TARIFF NO.: 4202.92.3020

Ms. Sarah Nichols
Phoenix International Freight Services
712 North Central
Wood Dale, IL 60191

RE: The tariff classification of a backpack from China.

Dear Ms Nichols:

In your letter dated June 1st, 2000, on behalf of American Bear Company, you requested a classification ruling.

The sample submitted with your request, identified as "Ballerina Backpack", is a plush bear with a zippered pouch on the rear torso. A backpack of nylon textile material is sewn into the zippered opening of the pouch that can either be stored in the zippered pouch or used to carry clothing and other personal effects. The backpack has a drawstring closure, the strings of which are sewn into the bottom rear side seams of the bag for use as carry straps to enable use as a backpack. The item is principally used as a backpack and not for the amusement of children.

The applicable subheading for the "Ballerina Backpack" 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 materialsbackpacks. The duty rate will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.92.3020 fall within textile category designation 670. 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 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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