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HQ 959580




November 19, 1996

CLA-2 RR:TC:TE 959580 CAB

CATEGORY: CLASSIFICATION

Diane L. Weinberg, Esq.
Sandler, Travis & Rosenberg, P.A.
505 Park Avenue
New York, NY 10022-1106

RE: Country of origin of various bags; Section 102.21(c)(4), Customs Regulations

Dear Ms. Weinberg:

This is in response to your inquiry of August 1, 1996, requesting a country of origin determination for certain textile backpacks. This request is on behalf of your client Jong Lih Plastic Enterprise Co., Ltd. A sample was submitted for examination.

FACTS:

The bags at issue are textile backpacks. Style No. JL-85030 is a backpack with a front zipper pocket, a top opening secured by a drawstring and flap closure with a snap buckle, webbing top handle and back straps, and a padded bottom. The inseams are hemmed with PVC sheeting tapes. The manufacturing operations which are completed in Countries A and B are as follows:

1. Design and make patterns
2. Source and purchase all composing materials and accessories, including fabrics, webbings, zippers, PVC foam, zipper sliders, labels, hangtags, metal and plastic hardwares, rivets, and drawstrings.
3. All of the fabrics are dyed and finished 4. All of the body fabric, lining, webbing, zippers, PVC-foam, and drawstrings are marked and cut to patterned sizes and lengths
5. Attach front pocket with zipper and sew side panels together 6. Sew the insert buckle panels onto the main flap panel 7. Align the upper flap, sponge, and the bottom flap panels and sew them together
8. Sew the inner pocket with zipper
9. Align the back panel, the PVC foam panels and back-panel lining and sew them together
10. Sew the shoulder strap panels with webbings and attach the adjustment buckles
11. Sew the top drawstring-hole seam onto the top of the two side panels
12. Sew the insert-buckle panel and the drawstring-hole seam onto the front and back panels
13. Punch holes with rivets onto front, back and side panels 14. Attach the front pocket panel onto the front panel 15. Sew inner pocket onto back panel
16. Attach the flap onto the back panel
17. Sew the flap with the top webbing handle, shoulder straps, and a decorating webbing all together onto the back panel 18. Sew the main front panel and the back panel together 19. Sew the main compartment with the side panels 20. Attach the country of origin label onto the seam 21. Sew the inseam and hem with PVC sheeting tapes 22. Trim the threads and attach hangtag
23. Turn the bag and attach the drawstring cord 24. Inspect the finished backpack
25. Packaging and load cartons to container and export

SCENARIO I

Country A: Operations 1-3 and 18-25
Country B: Operations 4-17

SCENARIO II

Country A: Operations 1-3 and 14-25
Country B: Operations 4-13

Style No. JL-84201 is a backpack with J-hooked flap closure, a top opening secured by a drawstring with a fasten buckle, fabric top handle and back straps, and a flat, rectangular shaped bottom. Two back straps can be partially zipped together to form one strap. All of the inseams of the backpack are hemmed with PVC sheeting tapes. The manufacturing operations are as follows:

1. Design and make patterns
2. Source and purchase all composing material and accessories, including fabrics, lining, webbings, zippers, PVC foam, zipper sliders, labels, hangtags, metal and plastic hardwares, rivets, and drawstrings
3. All the fabrics are dyed and finished
4. Cut all the fabric, lining, sponge-foam, paperboard, drawstring, and PVC piping to patterned sizes and lengths 5. Sew the patterned fabric into straps and cut to different lengths for each panel
6. Sew the J-hook buckle straps
7. Sew the upper flap panel, sponge, paper board, and lower flap panel all together
8. Hem the upper flap with body material
9. Attach the front D-ring to strap and sew it onto the front panel
10. Sew the lower front decorating panel onto the front panel 11. Sew the two shoulder straps with the shoulder-strap zipper and attach the strap adjustment buckles with strap-end panels
12. Sew the drawstring-hole seams onto the front and back panels 13. Sew the PVC piping panel and attach to the bottom panel 14. Sew the top handle and the shoulder straps onto the back panel at the marked location
15. Sew the flap onto the back panel
16. Sew a decorating panel onto back panels to cover the flap and shoulder strap seams
17. Sew the front panel and back panels together 18. Punch drawstring-holes with rivets onto the front and back panels
19. Attach the country of origin label onto the seam 20. Sew the bottom panel with the body compartment together to form the bottom of the backpack
21. Sew the inseam and hem with PVC-sheeting tapes 22. Trim the threads and attach hangtag
23. Turn the bag and attach the drawstring cord 24. Inspect the finished backpack
25. Packaging and load cartons to container and export

SCENARIO I

Country A: Operations 1-3 and 17-25
Country B: Operations 4-16

SCENARIO II

Country A: Operations 1-3 and 14-25
Country B: Operations 4-13

Although not stated in your submission, Customs is assuming that Countries "A" and "B" will not include Israel or a signatory of the North American Free Trade Agreement (NAFTA).

LAW AND ANALYSIS:

Pursuant to Section 334 of the Uruguay Round Agreements Act (codified at 19 USC Section 3592), new rules of origin were effective for textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. These rules were published in the Federal Register, 60 Fed. Reg. 46188 (September 5, 1995). Section 102.21, Customs Regulations (19 CFR Section 102.21), sets forth the general rules to determine country of origin. Thus, the country of origin of a textile product is determined by a hierarchy of rules set forth in paragraphs (c)(1) through (c)(5) of Section 102.21.

Section 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile or apparel product when the good was wholly obtained or produced in a single country, territory, or insular possession. As the subject merchandise has not been wholly obtained or produced in a single country, territory, or insular possession, this section is inapplicable.

Section 102.21(c)(2) provides for instances where the country of origin of a textile or apparel product cannot be determined under Section 102.21(c)(1).

Section 102.21(c)(2) provides, in pertinent part:

Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each foreign material incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section.

Heading 4202 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), provides for, inter alia, travel, sports and similar bags. The subject backpacks fit within the purview of this heading.

Section 102.21(e) states "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section."

4202.92.15-4202.92.30 A change to subheading 4202.92.15 through 4202.92.30 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

The applicable tariff shift rule of heading 4202 requires the merchandise to be wholly assembled in a single country, territory, or insular possession. As the subject merchandise undergo assembly operations in Country A and Country B, they are not wholly assembled in a single country, territory, or insular possession, thus, Section 102.21(c)(2) is not applicable.

Section 102.21(c)(3) provides for goods that have been wholly assembled (with certain enumerated exceptions) in a single country, insular possession, or territory, or which are knit to shape. Section 102.21(c)(3) is therefore, inapplicable to the subject merchandise as it has not been wholly assembled in a single country, insular possession, or territory, nor is it a knit to shape good.

Section 102.21(c)(4) provides the first multi-country rule. Section 102.21(c)(4), states the following:

Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory, or insular possession in which the most important assembly or manufacturing process occurred.

In recent Headquarters Ruling Letter (HRL) 958626, issued on May 2, 1996, several bags were at issue and Customs determined the country of origin of bags similar to the subject bags to be the country where the primary body panels were connected. Although this case is helpful when determining the country of origin of the instant bags, the rationale in that case is not dispositive for determining the country of origin for the instant bags as the subject bags undergo more in depth assembly operations in both Country A and B which were not found in HRL 958626.

In the case of Style No. JL-85030 in Scenario I, the main front panel and back panel are attached and the side panels are sewn to the main compartment in Country A. In Country B, the side panels of the outer front pocket are sewn together; the insert buckle panels are sewn onto the main flap panel; the back panel, PVC foam panels, and the back-panel lining are all sewn together; the insert buckle panel is attached onto the front and back panels; the front pocket is attached to the front panel; the flap is attached to the back panel; and the straps and handle are attached to the back panel. When evaluating the assembly operations in both Country A and Country B, it appears that the assembly operations in Country A are the most important in accordance with Section 102.21(c)(4). In Scenario II, the assembly process in Country A involves attaching the front pocket, inner pocket, flap, top webbing handle, shoulder straps, and decorative webbing to the back panel; sewing the main front and back panel together; and sewing the main compartment with the side panels in Country A. Thus, in accordance with Section 102.21(c)(4), the country of origin of Style JL-85030 in Scenario II is Country A, as this is the country where the most important assembly process occurs.

In the case of Style JL-84201 in Scenario I, the extensive assembly operations in Country B includes sewing the patterned fabric into straps and cutting to various lengths for each panel; sewing the two shoulder straps with the strap zipper and attaching the strap adjustment buckles with strap-end panels; sewing the upper flap panel, sponge, paper board, and lower flap panel together; attaching the front D-ring to a strap and sewing it onto the front panel; sewing the lower decorating panel onto the front panel; sewing and attaching the PVC piping panel to the bottom panel; sewing the top handle and shoulder straps onto the back panel; sewing the flap onto the back panel; and sewing a decorating panel onto the back panel. Therefore, in accordance with Section 102.21(c)(4), the country of origin of Style JL-84201 in Scenario I is Country B, as this is the country where the most important assembly process takes place. In the case of Style
JL-84201 in Scenario II, the assembly process in Country A includes; sewing the top handle and the shoulder straps onto the back panel; sewing the flap onto the back panel; sewing a decorating panel onto the back panel; sewing the front and back panels together; and sewing the bottom panel with the body compartment to form the bottom of the backpack. Therefore, in accordance with Section 102.21(c)(4), the country of origin of Style JL-84201 in Scenario II is Country A, as this is the country where the most important assembly process occurs.

HOLDING:

The country of origin of Style JL-84201 in Scenario I is Country B. The country of origin of Style JL-84201 in Scenario II is Country A. The country of origin of Style JL-85030 in Scenario I is Country A. The country of origin of Style JL-85030 in Scenario II is A.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that ruling letter is issued on the assumption that all of the information f furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

Sincerely,

John Durant, Director
Tariff Classification Appeals

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