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NY I82617




June 6, 2002

CLA-2-42:RR:NC:3:341 I82617

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Pilar Dorfman
C/o E. Besler & Company
115 Martin Lane
Elk Grove, Illinois 60007-1309

RE: The tariff classification of backpacks, utility pouches, and planners from China

Dear Ms. Dorfman:

In your letter dated May 21st, 2002 you requested a tariff classification ruling. The request is on behalf of LTD Commodities Corporation.

The sample submitted, identified as Item# 161619 3-PC. DENIM FRIENDSHIP COLLECTION, consists of a denim backpack, utility pouch, and a 3-ring binder/planner.

The backpack, made of cotton denim, measures 9”W x 11½”H x 2”D. It has a zipper enclosure over the top, an open pocket on the front, and two nylon webbing straps and a looped carrying strap on the back.

The utlity pouch, also made of cotton denim, measures 8 ¼”W x 4 ½”L. It has a zipper enclosure running across the full length of the top of the pouch. There is a small open pocket on one side of the item and a small webbed nylon wrist strap attached to the upper left-hand corner.

The planner, covered with cotton denim cloth, measures 7”L x 51/4”W x 1”D. It is a six ring binder that features a calendar, telephone/address book, and a notepad. The inside of the binder also has slots to hold cards.

The samples will be returned as requested.

The applicable subheading for the backpack and the utility pouch will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for traveling bags, knapsacks and backpacks, with outer surface of textile materials, of vegetable fibers and not pile or tufted construction, of cotton. The rate of duty will be 6.5 per cent ad valorem.

The classification of the planner is closely related to an issue recently considered by the United States Court of Appeals for the Federal Circuit in the manner of The Mead Corporation v. United States, Court No. 98-1569.

As the decision in the above case has not yet become final, we are presently unable to issue a classification ruling to you with respect to this item. You may wish to consider resubmission of your request on this item after the referenced decision has become final. (It is suggested that you call this office first to ascertain the status of this case.)

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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