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NY G84784

December 27, 2000



TARIFF NO.: 4202.92.2000

Mr. Daniel J. Gluck
Serko & Simon
One World Trade Center, Suite 3371
New York, NY 10048

RE: The tariff classification of a backpack from China.

Dear Mr. Gluck:

In your letter dated December 12th, 2000, on behalf of California Innovations Inc., you requested a classification ruling.

The sample submitted with your request is identified as "22 Can Tasmanian Totepack". The item is a backpack similar to a rucksack and features an insulated compartment intended to contain food and/or beverages and an additional compartment for carrying personal effects. The item is constructed of exterior panels of different components; the insulated lower compartment consists of textile material of 55% ramie and 45% polyester and the upper section, intended to be used for the carrying of personal goods, is constructed of man-made mesh fabric that is coated with plastic. Pursuant to General Rule of Interpretation (GRI) 3 (b), the item will be classified under the provision for textile material of ramie. Both the insulated compartment and upper compartment are secured by a zippered closure. Two shoulder straps are permanently attached to the bag to enable use as a backpack. The backpack is not chiefly used for the preparation, storage and serving of food or beverages. It is of the same class or kind of the goods classified under HTS heading 4202.

The applicable subheading for "22 Can Tasmanian Totepack" will be 4202.92.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for . The duty rate will be 6% ad valorem for 2000 and 5.9% ad valorem for 2001.

Items classifiable under HTS subheading 4202.92.2000 fall within textile category designation 870. 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).

Your sample is being returned as requested.

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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