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HQ 960484





July 24, 1997

CLA-2 RR:TC:TE 960484 CAB

CATEGORY: CLASSIFICATION

Joel G. McClure, Esq.
American Overseas Air Freight, Inc.
320 Beach Road
Burlingame, California 94010

RE: Country of origin of various bags

Dear Mr. McClure:

This is in response to your inquiry March 14, 1997, requesting a country of origin determination for certain bags on behalf of Ampac Enterprise. Samples were submitted for examination.

FACTS:

There are five different types of bags at issue.

Style AM97-1040 is a padded waist bag. The bag contains two front pockets, one pocket is comprised of polyester material with a flap hook and loop fastener, and the other pocket is comprised of mesh material with a zipper means of closure; a flap zipper pocket; a mesh bottle holder at one end; and adjustable strap with release buckles located on the rear; and a main zipper closure along the top of the bag.

Style AM96-1030 is a waist bag with a front gusseted pocket; flap zipper pockets on each wing and back body; an adjustable strap at the back body with release buckles; and a zipper closure along the top cover.

Style AM95-9420 is a round travel bag with a flap pocket on the front, a polypropylene handle, and an adjustable polypropylene shoulder strap.

Style AM96-9320 is described as a gym bag with a front gusseted pocket and a mesh bottle holder on the front; a mesh organizer with a hook inside the front gusseted pocket; a flap mesh pocket located on the back; a shoe pocket with zipper opening at one end; polypropylene handles and an adjustable polypropylene shoulder strap.

Style AM93-3010 is described as a school bag with riveted polypropylene handles; a removable and adjustable polypropylene shoulder strap; polypropylene back straps located inside a rear zippered pocket; a top cover secured by release buckles; full size flap zippered pockets attached to the front and back components; open flap pockets located on the rear and the interior of the bag; textile covered organizers located on the front containing a zippered means of closure at both ends; a hook and loop fastener on the top cover; and an expandable pocket on the gusset panel secured by a zipper.

It is important to note that even though Style AM97-1040 is described as a "waist bag", it does not have the typical appearance of a small rounded waist bag that fastens around the waist. Instead, it is rectangular in shape, contains multiple pockets and compartments, and has a sturdy bottom.

The manufacturing processes for the various bags are as follows:

STYLE AM97-1040

TAIWAN

1. Material is sourced - including polyester fabric for the outer shell, nylon lining and propropylene webbing, and zipper
2. Fabric is cut into component pieces; webbing and zipper are cut into proper length
3. Complete the front body - including sewing the front gusseted pocket with hook and loop fastener; attaching the zippered mesh pocket to front body; and attaching the label 4. Complete the back body and bottom panel (back and bottom panel are in one piece); attach lining to the padded back; sew and attach both wings to release buckles; attach wings with buckles to both ends of the back body; attach the finished back body to front body;
5. Complete the gusset panels into one whole piece with a main zipper closure; sewing the mesh bottle holder at one end.

CHINA

1. Finished front, back and gusset panels are sewn together to form the completed bag
2. Trim inside bag with PVC to cover seams 3. Cut loose thread, turn bag, clean and pack in poly/bag cartons

STYLE AM96-1030
TAIWAN

1. Material is sourced - polyester fabric for the outer shell, nylon zipper and lining, and polypropylene webbing 2. Fabric is cut into component pieces; webbing and zipper are cut to length
3. Complete the front body by sewing the front gusseted pocket; adding the zipper to the gusseted pocket and sewing piping along the edge; attaching label to front gusseted pocket; and sewing the main zipper along the top 4. Complete the back body by attaching the zippered pocket to the back component; sew and attach both wings to each end of the back body
5. Sew piping along the top and bottom panels

CHINA

1. Finished front, back, top and bottom panels are sewn together
2. Trim inside bag with PVC to cover seams 3. Cut loose thread, turn bag, and clean and pack in poly/bag cartons

STYLE AM95-9420
TAIWAN

1. Material is sourced - polyester fabric for the outer shell, nylon zipper and lining, and polypropylene webbing 2. Fabric is cut into component pieces; webbing and zipper are cut to length
3. Complete the main body by attaching the front flap pocket and polypropylene handles to main panel; label is attached 4. Complete the two side panels with D-rings on top and sew the adjustable shoulder strap
5. Lining and zipper are attached to components

CHINA

1. The main body and two side panels are sewn together 2. Trim inside bag with PVC to cover seams 3. Cut loose thread, turn bag, clean and pack in polybag/cartons

STYLE AM96-9320
TAIWAN

1. Material is sourced - polyester fabric for the outer shell, nylon zipper and lining, and polypropylene webbing 2. Fabric is cut into component pieces; webbing and zipper are cut to length
3. Complete the front face by sewing the mesh organizer with hook; attach mesh organizer to to front body; sew the front gusseted pocket with zipper closure; attach label; sew the mesh bottle holder to the front panel; attach the polypropylene hand and strap onto the front face
4. Complete the back face by sewing the propropylene handle strap and the flap mesh pocket
5. Complete the gusset panels into one whole piece with main zipper closure, including sewing the pocket to one end

CHINA

1. Attach the front, back, gusset, and bottom panels together 2. Trim inside bag with PVC to cover seams 3. Cut loose thread, turn bag, clean and pack in polybag/cartons

STYLE AM93-3010
TAIWAN

1. Material is sourced - polyester fabric for the outer shell, nylon zipper and lining, and polypropylene webbing 2. Fabric is cut into component pieces; webbing and zipper are cut to length
3. Embroider logo on the pocket of top cover panel 4. Complete the front panel by - attaching full size zipper pocket to front panel; attach the organizers to the interior; attach the front cover to the organizer; sew the zipper to the front cover; attach the hook and loop fastener to the top cover; attach the propylene webbing with buckles to front cover
5. Complete the back face (with top cover); sew the flap pocket with snap and full size zipper pocket; attach both pockets to back component; attach polypropylene back straps to interior of the back component; sew the polypropylene handles to the back component; rivet the handles; attach lining to the top zipper pocket; sew the lined zipper pocket to the top cover panel; attach the polypropylene webbing to top cover
6. Sew the gusset panel which contains an expandable zipper pocket; attach the D-rings to both ends; sew the adjustable shoulder straps with attached buckles

CHINA

1. Attach front (along top cover), back and gusset panels 2. Trim inside bag with PVC to cover seams 3. Cut loose thread, turn bag, clean and pack in polybag/cartons

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 bags fit within the purview of this heading. Specifically, the bags are classifiable in subheading 4202.92.30, HTSUSA.

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.

In this instance, the subject bags undergo assembly operations in China and Taiwan. Therefore, the bags are not wholly assembled in a single country and Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) provides for goods that have been wholly assembled 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 they have not been wholly assembled in a single country, insular possession, or territory, nor are they knit to shape goods.

Section 102.21(c)(4) provides the first multi-country rule. Section 102.21(c)(4), provides 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 the case of Style AM97-1040, pursuant to Section 102.21(c)(4), the most important manufacturing process occurs in Taiwan. It is in Taiwan where fabric is cut into component pieces, the front body is completed by sewing the front gusseted pocket, attaching the zippered mesh pocket to the front body, completing the back body and bottom panel, attaching the lining to the back component, sewing and attaching both wings to the back body, joining the finished back body to the finished front body, completing the gusset panel, and attaching the mesh bottle holder.

In the case of Style AM96-1030, pursuant to Section 102.21(c)(4), the most important manufacturing process occurs in China, the country where the finished front, back, top and bottom panels are sewn together.

In the case of Style AM95-9420, in accordance with Section 102.21(c)(4), the most important manufacturing process occurs in Taiwan, the country where fabric is cut into component pieces, the main body panel is completed by attaching the front flap pocket and handles, and the sides panels with D rings and adjustable shoulder straps are completed.

In the case of Style AM96-9320, the most important manufacturing process occurs in accordance with Section 102.21(c)(4) is Taiwan, the country where fabric is cut into component pieces, the front face is completed including sewing the mesh organizer and attaching to the front body, sewing the front gusseted pocket with zipper closure, attaching the label, sewing the mesh bottle holder to the front face, attaching the handle and strap to the front component, completing the back face by sewing the handle strap and the flap mesh pocket, and completing the gusset panels including the sewing of the shoe pocket to one end.

In the case of Style AM93-3010, in accordance with Section 102.21(c)(4), the most important manufacturing process in Taiwan. It is in Taiwan where fabric is cut into component pieces, the logo is embroidered onto the front pocket, the front panel is completed by sewing on the full size zipper, the organizer and cover are attached, a top cover is attached, webbing is joined, the back component is completed by sewing the flap pocket with snap and zippered pocket, the handles are attached and riveted, lining is attached to the zippered pocket, webbing with buckles are sewn to the top panel, the gusset panel is completed, and the adjustable strap with buckles is completed.

HOLDING:

The country of origin of Styles AM93-3010, AM96-9320, AM95-9420, and AM97-1040 is Taiwan. The country of origin of AM96-1030 is China.

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 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
Division

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