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NY C86370




April 27, 1998

CLA-2-RR:NC:TA:352 C86370

CATEGORY: CLASSIFICATION

Ms. Linda Brown
D.J. powers Co., Inc.
P.O. Box 9239
35 Barnard Street
Savannah, GA 31412-9239

RE: Classification and country of origin determination for an insulated cooler bag; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Brown:

This is in reply to your letter dated March 4, 1998, on behalf of Augusta Sportswear, requesting a classification and country of origin determination for an insulated cooler bag which will be imported into the United States.

FACTS:

Your request was submitted for an insulated cooler bag, style number 115. The submitted sample, style number 115, is made with an outer surface of 100 percent nylon woven fabric. The interior is composed of a 1/4" thick foam and PVC lining. It features an adjustable textile web fabric strap and is secured by means of a zipper closure around the entire top circumference of the bag. The bag measures approximately 9.25" x 7.25" x 6.25".

The manufacturing operations for the insulated cooler bag are as follows: The rolls of nylon fabric for the outer shell and web fabric for the handle are woven in Taiwan. The zipper, the PVC sheeting material used for the lining and foam insulation are produced in Taiwan. The nylon fabric, foam insulation and PVC sheeting material are cut into component pieces in Taiwan. The web fabric and zipper are cut into length in Taiwan. In Taiwan the front and side panels are completed by sewing the foam and the PVC lining together with the main zipper closure at the top. Then the web strap is attached to the panel at both ends and riveted. The top, back and bottom panels are completed in Taiwan by sewing the foam insulation and PVC lining together. The finished front/side, and top/back/bottom panels are shipped to China where they are sewn together to form the insulated cooler bag. Also in China loose threads are cut, and the bag is cleaned and packed in polybags.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the insulated cooler bag will be 6307.90.9907, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made up articles...Other, cooler bags with an outer surface of textile materials: Of man-made fibers. The rate of duty will be 7 percent ad valorem.

The insulated cooler bag falls within textile category designation 670-L. 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.

COUNTRY OF ORIGIN - 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

6307.90 The country of origin of a good classifiable under subheading 6307.90 is the country, territory, or insular possion in which the fabric comprising the good was formed by a fabric-making process.

As the fabric in a single country, that is, Taiwan, as per the terms of the tariff shift requirement, country of origin is conferred in Taiwan.

HOLDING:

The country of origin of the insulated cooler bag is Taiwan. 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 C.F.R. 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 Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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