CLA-2-42:OT:RR:NC:N4:441
Ms. Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520
RE: The tariff classification of a backpack from China
Dear Ms. Trotta:
In your letter, dated August 17, 2017, you requested a tariff classification ruling. You have submitted a sample which is being returned to you under separate cover.
The submitted sample is a backpack which includes a removable Solar Power Bank and a detachable LED Light Combo on the front exterior of the bag.
The backpack is constructed with an outer surface of nylon, a man-made textile material. The backpack is designed to provide storage, protection, organization and portability to personal effects during travel. The backpack has two zippered compartments with nylon textile-lined interiors. One main compartment features a large padded pocket that secures with a hook-and-loop closure, a zippered pocket and one open pocket on each interior side wall. The second compartment has one zippered wall pocket, six pen/pencil loops and six identification/credit slots.
The rear exterior of the backpack is padded with fabric and has two adjustable shoulder straps that enable the user to wear it on his or her back. It has a luggage ID tag and carrying handle at the top. There are numerous pockets located on the exterior and in the interior compartment. The front of the bag has a zippered pocket with a clear window to place the solar power bank which includes the related components necessary to use the power bank to charge electronic devices and a reflective strip is designed with a loop to accommodate the removable LED light combo. The backpack measures approximately 19” (h) x 16” (w) x 6” (d).
For classification purposes, the items are not considered to be a set. Although sold together, the above items are not classifiable as a set because not all the items in the set are designed to meet a particular need or carry out a specific activity.
The applicable subheading for the backpack will be 4202.92.3120, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, of man-made fibers, backpacks. The rate of duty will be 17.6 percent 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 https://hts.usitc.gov/current.
We are unable to rule on the LED flashlight. The classification of the merchandise, which is the subject of your request, involves a consideration of whether the merchandise may be classifiable in heading 8513, heading 8541 or heading 8543. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part: No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom. As such, Customs and Border Protection (CBP) will not issue a classification ruling with regard to your merchandise at this time. The classification determination may be impacted by a court case currently pending in the Court of International Trade. See, for example, The Coleman Company v. United States, CIT Nos. 14-0008, 12-00209 & 12-00210. You may resubmit your ruling request for this style when litigation is concluded.
Your inquiry does not provide enough information for us to give a classification ruling on the Solar Power Bank. Please resubmit this sample with a detailed description of the item. When this additional information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division