The tariff classification of a backpack from China

N037028 September 10, 2008 CLA-2-42:OT:RR:NC:N3:341 CATEGORY: Classification TARIFF NO.: 4202.92.1500 Melissa Stanczak Ballet Makers, Inc. 1 Campus Road Totowa, N.J. 07512 RE: The tariff classification of a backpack from China Dear Ms. Stanczak: In your letter dated August 13, 2008 you requested a classification ruling. The sample which you submitted is being returned as requested. Style HZZB10 is a backpack constructed with an outer surface of 52% cotton and 48% acrylic textile materials. The bag is designed to provide storage, organization, protection and portability to personal effects during travel. The interior of the bag has a textile-lined main compartment with a zippered wall pocket. It has both a drawstring and magnetic closure. Two adjustable straps are attached to the rear exterior of the bag that enables the user to wear the bag on one’s back. It measures approximately 11” (W) x 11” (H) x 4.5” (D). The applicable subheading for the backpack will be 4202.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), 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 duty rate will be 6.3 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 http://www.usitc.gov/tata/hts/. HTSUS 4202.92.1500 falls within textile category 369. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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 (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division