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NY M83310





June 7, 2006

CLA-2-42:RR:NC:N3:341 M83310

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Sandy Stubblefield
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: The tariff classification of backpacks from China

Dear Ms. Stubblefield:

In your letter dated May 23, 2006, you requested a tariff classification ruling.

The items in question are backpacks that are identified as “Tri-Color Backpacks” (style #’s 1915 and 1916). Style #1915 has been submitted as a sample. It measures approximately 12” x 18.25” x 7”. You state that Style #1916 measures approximately 9.25” x 14” x 5.75”. The only difference between the two is the size. The exterior surfaces of the bags are constructed of 100% woven polyester textile fabric with PVC coating and the lining, backs of the shoulder straps, inside pockets, and pocket linings are100% nylon with polyurethane coating. The front of the backpack features a zippered storage compartment with two open pockets. A zippered pocket is in the main compartment of the pack. The back of the backpack features two padded shoulder straps that are attached directly to the top of the item and attached to the bottom of the pack by adjustable webbed straps. A webbed carrying loop is on the top.

The applicable subheading for the backpacks will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTSUS), 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 17.6% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The sample will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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