CLA-2-61:RR:NC:TA:341 M82559

Ms. Despina Keegan
Despina Keegan, LLC
One Penn Plaza, Suite 3600
New York, NY 10119

RE: The tariff classification of a rolling pullman, a backpack, and tote bag

Dear Ms. Keegan:

In your letter dated April 11, 2006, you requested a classification ruling on behalf of Global Design Concepts, Inc. As requested, your sample is being returned to you.

You submitted a sample of a rolling (trolley) pullman case that has a telescopic handle and wheels and is designed to contain clothing and other personal effects during travel. It is manufactured with an exterior surface of nylon and a front panel of PVC sheeting with a printed design of Dora The Explorer. The case measures approximately 11” W x 14.5” H x 3.5” D. A zipper secures it.

You provided descriptive literature of a backpack. You state that it is a child’s backpack manufactured with an exterior surface of polyester man-made fiber textile material with a front panel of polyvinyl chloride (PVC) plastic sheeting with a Tinkerbell themed depiction. The backpack measures approximately 11” W x 14.5” H x 5.5” D. The top of the bag is secured with a zipper.

You provided descriptive literature of a tote bag. You state that it is child’s open top tote bag constructed of an exterior surface of nylon with a front panel of PVC sheeting depicting the SpongeBob Nickelodeon licensed character. The bag features a single, unlined interior compartment. It measures approximately 10” W x 10” H x 2.5” D.

The applicable subheading for the rolling pullman case will be 4202.12.8070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for trunks, suitcases, vanity cases and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 17.6% ad valorem.

The applicable subheading for the backpack will be 4202.92.3020, HTSUS, which provides for travel, sport and similar bags, with outer surface of textile materials, other man-made fibers, backpacks. The rate of duty will be 17.6% ad valorem.

The applicable subheading for the tote bag will be 4202.92.3031, HTSUS, which provides for travel bags, with outer surface of textile materials, other, of man-made fibers. The rate of duty will be 17.6% ad valorem. 4202.12.8070, 4202.92.3031, and 4202.92.3020 fall within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division