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NY 815062

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October 21, 1995

CLA-2-42:R:N5:341 815062

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. John H. Qualey
Rogers & Brown Custom Brokers, Inc.
2 Cumberland Street
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a mesh sport bag for divers from Jamaica. HTS 9802, HTS 4202, Assembly

Dear Mr. Qualey:

In your letters dated August 23 and September 12, 1995, you requested a classification ruling. Your request is on behalf of Stahlsac, Inc.

The item is described as a mesh wet pack. It is a duffle bag designed to be worn on the back similar to a back pack. The top is closed by means of a drawstring. There is a pleated pocket with hook and loop closure on the front and the back panel incorporates a full length zippered pouch. The shoulder straps have interior foam padding and are adjustable. You have indicated that the bag is intended to be used by a scuba diver to carry equipment to and from diving sites. The bag is of a kind used to carry sport equipment in general. Similar bags are used to carry articles such as sport balls. It is manufactured of polyester mesh textile material which forms its main body. The polyurethane foam padded shoulder straps, top collar, back panel, interior and exterior pockets are of 400 denier nylon packcloth. The pick up loop, drawstring closure, and adjustable straps are of polyester webbing. The bottom collar and base are of 18 oz. vinyl sheeting material. The adjustable straps have plastic buckles. There are two brass grommets inserted into the bottom and one into the top collar. .

You have indicated that the fabric will be cut and the grommets set in Waterville, NC, and that the final assembly will be performed in Jamaica. All materials are of United States origin.

Tariff number 9802.00.80, Harmonized Tariff System of the United States, Annotated, provides:

Articles, except goods of Heading 9802.00.90, assembled abroad in whole or in part of fabricated components, product of the United States which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by operations incidental to the assembly process such as cleaning, lubrication and painting.

Imported articles, which meet the above requirements, are subject to a duty upon the full value of the imported article, less the cost or value of such products of the United States. U.S. Note 4, of the subchapter, is noted.

Although neither samples of the materials in the condition as exported from the United States to Jamaica, nor a complete description of the Jamaican processing, been submitted, this office has examined the sample submitted. The following is based on that examination.

The component, which forms the main body of the bag, identified as the polyester mesh, the bottom base and collar components of 18 oz. vinyl, the top collar of nylon packcloth, the polyester cord and webbing bottom straps and pick up loop are considered to be fabricated components, the product of the United States which satisfy the requirements of Tariff number 9802.00.80.

The materials, from which the shoulder straps, back pouch and front pocket are assembled, are not considered to be components of the pack as described in tariff provision 9802.00.80. Those materials have been improved, advanced in value, and lost their physical identity by the fabrication process in Jamaica which transformed the materials into fabricated components of the bag which are then assembled into the bag. Therefore those materials are not eligible for treatment within tariff number 9802.00.80.

The finished mesh carrying pack is of a kind classified within the tariff provision 4202.92.3020 which provides in part for travel, sport and similar bags, with outer surface of textile materials other, of man-made fibers, backpacks. The duty rate is 19.8 percent ad valorem.

Articles classified within tariff 4202.92.3020 falls within textile category designation 670. Based upon international textile trade agreements products of Jamaica are subject to 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 Section 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 Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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See also:

• Tariff No.: 4202.92.30 - Travel, sports and similar bags with outer surface of textile materials other than of vegetable fibers
• Tariff No.: 9802.00.80 - U.S. articles assembled abroad, which have not lost their physical identity or have not advanced in value or improved in condition abroad
• Tariff No.: 9802.00.90 - Textile and apparel goods, assembled in Mexico in which all fabric components were wholly formed and cut in the United States, etc.