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NY C87216




May 22, 1998

CLA-2-39:RR:NC:SP:221 C87216

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Mr. Roly Portal
H.L.M. Intertrans Corp
5567 Northwest 72nd Avenue
Miami, Florida 33166

RE: The tariff classification of a zippered pocket for a brief bag from China.

Dear Mr. Portal:

In your letter dated April 4, 1998, on behalf of Excel Handbags Co., Inc., you requested a tariff classification ruling.

A sample was submitted with your letter. The zippered pocket is a part for a brief bag. The pocket will be imported separately and attached to a brief bag of American origin. The pocket, which measures approximately 13 inches in length by 9 inches in height, is composed of polyvinyl chloride plastic with nylon piping. The plastic imparts the essential character. The zippered pocket is not subject to quota or visa.

The applicable subheading for the zippered pocket will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

You asked whether the complete brief bag requires special country of origin marking because it will include the imported zippered pocket. The brief bag itself is said to be made in the United States. It is not necessary to mark the brief bag, since it is a product of American origin. The zippered pocket loses its identity when attached to the brief bag. Provided that the zippered pockets will reach the ultimate purchaser in cartons marked with the country of origin, individual marking of the zippered pockets can be waived if the District Director at the port of entry is satisfied that by the nature of the transaction, or by documentary evidence, the final purchaser will know the country of origin. In this instance, the final purchaser of the zippered pockets is the company that attaches them to the brief bag.
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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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