CLA-2-PD:TC:MEF G 28

Ms. Angela Tumbarello
Traffic Department
CYRK, Inc.
3 Pond Road
Gloucester, Ma. 01930

RE: The tariff classification of Children's Fleece and/or Nylon Fleece Lined Jacket Convertible into Nylon Backpack from Korea, China, and Guatemala

Dear Ms. Tumbarello:

In your letter dated October 20, 1997, you requested a tariff classification ruling.

The submitted sample is described as a Children's Backpack with permanently attached Fleece Jacket stored inside the circumference of a zippered compartment. The back of the 100% Polyester Fleece Jacket is 430 denier packcloth which forms the backpack. Option two of the jacket is a 70-denier Ripstop nylon shell with 100% Polyester Fleece Lining. This article also features padded adjustable shoulder straps and a storage compartment which will contain a 32-ounce removable water bladder with hose. The children's size range will be 4-20.

The applicable subheading for the Children's Fleece Jacket Convertible into Nylon Backpack will be 6102.30.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' overcoats, car coats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Other: Girls'. The rate of duty will be 29.5%.

The children's jacket/backpack falls within textile category designation 635. Based upon international textile trade agreements, products of Korea and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 (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 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.

Sincerely,

Carole E. Graves
Port Director
Port of Baltimore