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NY C85536




April 20, 1998

CLA-2-RR:NC:3:341 C85536

CATEGORY: CLASSIFICATION

Ms. Barbara Y. Wierbicki
Serko & Simon LLP
One World Trade Center
Suite 3371
New York, N.Y. 10048

RE: Classification and country of origin determination for nylon fanny pack, 19 CFR 102.21(c)(4)

Dear Ms. Wierbicki:

This is in reply to your letter dated March 18, 1998, requesting a classification and country of origin determination for a fanny bag, aka waist bag, style JL8580. The request is on behalf of A.D.Sutton.

FACTS:

Style JL8580 is a fanny bag (waist bag) manufactured of man-made textile materials. The bag is designed to be worn on the waist at the lower back or on the hip. It is of a kind designed to contain personal articles while traveling about. It consists of a main body portion which has one center zippered section and zippered pockets on each side and the front. A dog leash clasp with split ring is affixed to the zipper pull on the front. The waist strap is of woven man-made textile webbing. The bag measures approximately 8"x6"x3". The bag is produced in countries identified as "A" and "B". You have submitted a component material breakdown by value and weight as supplied by Sol & Shirly Corporation and prepared by Jong Lih Plastic Enterprise Co. Ltd. The breakdown indicates all materials except the sewing thread, woven webbing, hang tag, and label are products of Taiwan. The hangtag is of Hong Kong. The thread, webbing and label are of China. Based on the document submitted it appears country "A" is Taiwan and Country "B" is China. The manufacturing process is as follows:

All designs and patterns used in the manufacturing of these bags are produced in Taiwan. All composing materials including the webbing, hangtags and labels are sourced. All fabrics are dyed and finished.

All fabric, lining, webbing, and zippers are cut to patterned sizes and lengths. It is assumed the fabrics are cut to shape when cut to size. The cut components are assembled by means of sewing into the three main subassemblies of the fanny bag as now submitted. The three subassemblies consists of the front, back and top components complete with all pockets and zipper closures of the completed bag.

The three sub-assemblies are sewn together and hemmed with PVC tapes to form the completed bag body. The woven webbing belt is affixed.

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for style JL8580, fanny bag (waist bag), is 4202.92.3031, Tariff schedule of the United States, Annotated (HTSUSA), which provides for travel, sport and similar bags with outer surface of textile materials, of man-made fibers, backpacks. The rate of duty will be 19 percent ad valorem.

Goods classified within tariff number 4202.92.30, HTSUSA, fall within textile category designation 670. 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.

Law and Analysis

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "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 of the foreign materials 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:"

Paragraph (e) in pertinent part states that "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":

HTSUS Tariff shift and/or other requirements

4202.92.15-4202.92.30 A change 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 or insular possession.

The bag is not wholly assembled in a single country or insular possession. Accordingly, as it does not meet the tariff shift, Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "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 the subject merchandise, the unassembled subassemblies constitute(s) the most important assembly or manufacturing process(es). Accordingly, the country of origin of style JL8580 is country "B", China.

HOLDING:

The country of origin of the travel bag is China. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

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 sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177). 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.

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,

Robert B. Swierupski
Director,

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