CLA-2-42:S:N:N3G:341 860805

Ms. Janet M. Jenkins
John V. Carr & Son, Ltd.
1745 Phoenix Blvd. - Suite 380
Atlanta, GA 30349

RE: The tariff classification of a backpack containing a towel and a beverage holder from China and/or Thailand.

Dear Ms. Jenkins:

In your letter dated February 18, 1991, on behalf of Cresc Corporation, you requested a tariff classification ruling. The submitted sample is a 100% cotton terry backpack containing a towel and a beverage holder. The backpack is designed with a removable adjustable carrying strap to be worn on the back. It is unlined and measures approximately 12" x 18" x 4 1/2". The front of the bag features a pocket that is secured by a hook and loop closure designed to store the beverage holder. When empty the bag is designed to become an inflatable pillow. The front of the bag features the "California Beach Club" logo, and it closes by means of a top textile zippered closure. The towel is a beach towel measuring 45 inches by 71 inches, constructed of woven cotton fabric with two edges turned and stitched, and two selvedge edges. The fabric has one side of terry pile and the other side of cut terry pile velour. The front of the towel features the "California Beach Club" logo. The beverage holder is a drawstring pouch constructed of cotton terry textile materials, said to be designed to contain beverage or other personal effects. It measures approximately 4 1/2" x 7 1/2". The front of the pouch features the 'California Beach Club" logo.

The applicable subheading for each, the backpack and the drawstring beverage holder of cotton terry textile materials, will be 4202.92.3015, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of cotton. The duty rate will be 20 percent ad valorem.

The applicable subheading for the beach towel of woven cotton textile materials will be 6302.91.0015, HTS, which provides for toilet linen and kitchen linen, other of cotton, of pile or tufted construction, towels, other. The duty rate will be 10.5 percent ad valorem.

Items 4202.92.3015 falls within textile category designation 369. Based upon international textile trade agreements, products of China or Thailand are subject to visa requirements and quota restraints.

Item 6302.91.0015 falls within textile category designation 363. Based upon international textile trade agreements, products of China or Thailand are subject to visa requirements and quota restraints. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport