CLA-2-42:RI:130:G25:DJP

Mr. Steven Hershkowitz
Everything Kids
330 Fifth Ave., Suite 200
New York, NY 10001

RE: The tariff classification of a backpack from China.

Dear Mr. Hershkowitz:

In your letter dated September 20, 1996, you requested a tariff classification ruling.

The sample submitted with your request, no style number, is a backpack, approximately 14" x 4 1/2" x 4 1/2" in size. The bag has an open interior compartment and one exterior front compartment, both have zipper top closures. There are two adjustable shoulder straps and one small hand loop for carrying, both are constructed of textile materials. The outer surface is composed of three main components. The front, side and top panels and the front pocket are a textile material consisting of 55% ramie/45% polyester. The back panel is 100% polyester and the bottom is suede leather. The ramie accounts for approximately 61% of the outer surface and imparts the essential character.

The applicable subheading for the backpack will be 4202.92.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, other, other. The rate of duty will be 6.3 per cent ad valorem.

The bag falls within textile category designation 870. Based upon international textile trade agreements, products of China in category 870 are subject to visa and quota requirements.

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, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraints 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 Part 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,

Richard A. Barrette
Service/Area Port Director
Providence, R.I.