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NY K81126

December 3, 2003
CLA-2-42:RR:NC:3:341 K81126


TARIFF NO.: 4202.92.3020

Vance Hanna
C/o Birmingham Design, Inc.
Washington Square Plaza
Suite 217
Royal Oak, Michigan 48067

RE: The tariff classification of a backpack from China

Dear Mr. Hanna:

In your letter dated November 10th, 2003 you requested a tariff classification ruling.

The submitted submitted, identified as a backpack, US Patent 4,538,750, is a mountain pack with metal frame. It measures approximately 18”W x 35”H x 12”D. and is constructed with an exterior surface of man-made textile fabric (600D nylon). The item features dual expedition rear pockets, shoulder level side pockets, dual hip level mesh pockets, various storage compartments, and webbed and padded shoulder straps and belt. The frame is designed so that it can be used as an emergency stretcher. The sample is returned as requested.

The applicable subheading for the 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 materials, other, of man-made fibers, backpacks. The rate of duty will be 17.8 percent ad valorem.

Items classified in HTS 4202.92.3020 fall within category designation 670. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.

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.


Robert B. Swierupski

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