The tariff classification of backpack from China.

NY G87387 February 27, 2001 CLA-2-42:RR:NC:N3:341 G87387 CATEGORY: Classification TARIFF NO.: 4202.92.3020 Ms. Swapna Venkateswaran Espril de Corp. 900 Minnesota Street San Francisco, CA 94107 RE: The tariff classification of backpack from China. Dear Ms. Venkateswaran: In your letter dated February 15th, 2001, you requested a ruling on tariff classification. The sample submitted with your request is identified as style 7701037. The item is a backpack imported and packed for retail with a cell phone case. The items are considered a set; the backpack imparts the essential character. Both items are made of textile material of man-made fibers. When imported separately, the classification for the cell phone case is under HTS subheading 4202.92.9026. The backpack measures approximately 14” x 10” by 5.5”. It is lined on the interior and consists of a single compartment with two open wall pockets suitable to hold articles such as a cell phone and Palm Pilot and a zippered wall pocket. A drawstring closure and flap with snap closure secure the top opening. Two adjustable straps are attached to the rear exterior of the bag that enables the user to wear the bag on one’s back. The pack has a zippered compartment on the front that appears to be designed to contain a CD player or similar device. You have requested that the bag be classified as a HANDBAG within subheading 4202.22, HTSUSA. Articles classified as HANDBAGS are normally of a kind similar a purse, pocketbook, or clutch bag. Such goods are designed to contain only the small personal effects of a kind normally carried in a handbag when traveling about on a daily basis. The sample submitted is a backpack which is eo nomine provided in heading 4202, HTSUSA. Additional United States Note 1, Chapter 42, provides that ‘backpacks” are included within the scope of subheading 4202.92, travel, sport and similar bags. A “backpack” is commonly understood to be a pack used to carry personal effects which include equipment, clothing, food and other personal a property while being worn on the back of the user. The backpack submitted is designed to contain more than the small personal effects normally carried in a purse, pocketbook or clutch bag. The pack is the same as an eo nomine provided “backpack” . The applicable subheading for 7701037 will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags…of man-made fibers, backpacks. The general rate of duty will be 18.3 percent ad valorem. Items classifiable under HTS subheading 4202.92.3020 and 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are currently subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.177). Your sample is being returned as requested. 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 Kevin Gorman at 212-637-7091. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division