The tariff classification of a Backpack from China

PD D86642 February 5, 1999 COMMENT4CLA-2-42:G32 D86642 CATEGORY: Classification COMMENT5TARIFF NO.: 4202.92.1500 COMMENT6Ms. Debbie DeEsposito American Shipping Company Inc. 140 Sylvan Avenue Englewood Cliffs, NJ 07632 COMMENT7RE: The tariff classification of a Backpack from China COMMENT8Dear Ms. DeEsposito: COMMENT9 In your letter dated January 7, 1999, you requested a tariff classification ruling on behalf of your client Commonwealth Toy & Novelty, 45 West 25th Street, New York, NY 10010. COMMENT10 The sample submitted for our review is a childs cotton and woven backpack. The backpack measures approximately 11 x 11 inches with a top zippered closure; two adjustable textile straps for carrying on the back; and a textile loop in the back for ease in carrying in the hand. Please be advised that the sample will be returned to the above address. COMMENT11 The applicable subheading for the Backpack will be 4202.92.1500, 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, of cotton. The rate of duty will be 6.8 percent ad valorem. COMMENT12 Items classifiable under 4202.92.1500 fall within textile category designation 369. Based upon international textile trade agreements, products of 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, COMMENT13 WILLIAM J. LUEBKERT Port Director Philadelphia, PA COMMENT1