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NY B87876

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August 15, 1997

CLA-2-42:RR:NC:TA:341 B87876

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020; 9802.00.9000

Mr. Ron Hodge
F.H. Kaysing Co. of Wichita
P.O. Box 12497
Wichita, KS 67277

RE: The tariff classification of a backpack from Thailand. HTS 9802, HTS 4202 Assembly.

Dear Mr. Hodge:

In your letter dated June 30, 1997, on behalf of The Coleman Co., Inc., you requested a classification ruling for a backpack.

The sample submitted, identified as style number 3100, is a backpack manufactured of an outer surface of man-made textile material with leather trim. The top, bottom and pocket have leather panels. The backpack features two front exterior zippered pockets, a woven padded back section and shoulder straps. The item also has a top pick-up loop.

You have indicated that the leather components are of U.S. origin and are cut to shape in the United States and exported to Thailand for assembly into the finished bag. Based upon the sample submitted, it appears that the only processing performed in Thailand for the leather components will be simple sewing. All other components are of Thailand origin.

You have suggested that the leather components be subject to tariff number 9802.00.90, Harmonized Tariff System of the United States, Annotated, provides for a duty free status. Subheading 9802.00.9000 provides for textile and apparel goods, 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.

A sample of the leather material in the condition as exported from the United States to Thailand has been submitted and examined by this office. The following is based on that examination.

On the basis of the information submitted, it is our opinion that the leather fabricated components, as products of the United States will satisfy the requirements of Tariff number 9802.00.9000, HTSUSA.

The finished backpack is classified within the tariff provision 4202.92.3020 which provides in part for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, backpacks. The duty rate will be 19.3 percent ad valorem.

Articles classified within tariff 4202.92.3020 falls within textile category designation 670. Based upon international textile trade agreements products of Thailand 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 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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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.: 9802.00.90 - Textile and apparel goods, assembled in Mexico in which all fabric components were wholly formed and cut in the United States, etc.