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NY 818841




February 27, 1996

CLA-2-42:RR:NC:WA:341 818841

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030; 4202.92.9025

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
231 North 3rd Street
Pembina, ND 58271

RE: The tariff classification of a nylon fanny pack and bottle holder with plastic bottles from China and/or Canada.

Dear Mr. Jerome:

In your letter dated January 12, 1996, on behalf of Lawson Mardon Reliance, you requested a classification ruling for a nylon fanny pack and bottle holder with plastic bottles.

You have submitted samples and literature of a nylon fanny pack and bottle holder complete with plastic bottles. You have stated that the fanny pack and bottle holder are made in China, and the plastic bottles are made and inserted into the fanny pack and bottle holder in Canada. The entire article will be imported and marketed in the United States as a unit. For classification purposes the fanny pack and bottler holder with plastic bottles imported together as a unit is considered to be a composite within Gri-3(b). The fanny pack and bottle holder will impart the essential character.

Your reference to the country of origin marking noted. Your concern is what would the correct country of origin marking be for the completed assembled unit. Section 304 of the Tariff Act of 1930, as amended provides that, unless excepted, every article of a foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin.

We suggest that the fanny pack and bottle holder be marked by means of a sewn-in fabric label which reads "Made in China" in a conspicuous location. The plastic bottles must be marked with "Made in Canada" in a conspicuous location as permanent as the article will permit. There is no exception or special requirement for marking articles in a composite good. Therefore, each article in the composite good must be marked with its own country of origin.

The applicable subheading for the nylon fanny pack with plastic bottle as a composite will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic or of textile materials, other, of man-made fibers, other. The duty rate will be 19.5 percent ad valorem.

The applicable subheading for the nylon bottle holder with plastic bottle as a composite will be 4202.92.9025, HTS, which provides in part for other travel bags, with outer surface of sheeting of plastic or of textile materials, other, other, of man-made fibers. The duty rate will be 19.5 percent ad valorem. Items classifiable under 4202.92.3030 and 4202.92.9025 fall within textile category designation 670. 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. 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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