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NY N014507




August 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550, 4202.92.3020

Stephen Zelman
Stephen Zelman & Associates
888 Seventh Avenue, Suite 4500
New York, NY 10106

RE: The tariff classification of a backpack and a wallet from China

Dear Mr. Zelman:

In your letter dated July 17, 2007, you requested a classification ruling on behalf of your client, Fownes Brothers and Company. Your samples will be returned as requested.

The samples submitted are a backpack and a wallet. Style numbers were not provided. The backpack is constructed with an outer surface of nylon textile material. It is designed to contain personal effects and accessories during travel. The backpack features a single, unlined central compartment with no additional features. Braided cords are attached to the rear exterior of the bag which enable the bag to be worn on the back. When the cords are pulled tight, they secure the top opening of the bag. The front exterior of the bag has two open mesh pockets. The backpack measures approximately 15” (W) x 17” (L). The wallet is of a tri-fold design and constructed with an outer surface of nylon textile material. The wallet’s interior consists of a billfold section, zippered pockets, slots for credit cards, and identification. The exterior has a zippered pocket. It secures by means of a hook and loop closure and measures approximately 5” (W) x 16” (L).

You have indicated that the above items are considered to be a set. However, for classification purposes the items are not considered to be a set. Although sold together, the above items are not designed to meet a particular need or carry out a specific activity. Consequently, each item is classifiable separately under its appropriate heading.

The applicable subheading for the backpack 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 percent ad valorem.

The applicable subheading for the wallet will be 4202.32.9550, (HTSUS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, other, of man-made fibers. 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/.

HTSUS 4202.32.9550 and 4202.92.3020 fall within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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