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NY D80597




September 30, 1998

CLA-2-RR:NC:3:341 D80797

CATEGORY: CLASSIFICATION

Mr. Scott Noe
Tower Group International
821 2nd Avenue
Seattle, Wa. 98104-1476

RE: Classification and country of origin determination for travel bags: 19 CFR 102.21(c)(4)

Dear Mr. Noe:

This is in reply your request for classification and Country of Origin decision regard three samples of travel bags of man-made textile materials. The request is on behalf of Skyway Luggage Company, Seattle Washington.

Finished samples of styles #9529ZZ, rolling duffle bag, #9521ZZ, cargo bag, and 9528ZZ, duffle bag were received with the original request. Copies of the manufacturers country of origin declarations were subsequently submitted, however samples of the unassembled sub-assemblies have not been received. The travel bags are each manufactured of man-made textile materials. The finished goods are said to be assembled in China from components fabricated in Taiwan and exported to the United States from China. This decision is based on the manufacturers origin declarations in lieu of samples of the unassembled components.

FACTS:

The manufacturing operations for each travel bag are identical and are as follows:

TAIWAN:

All materials used in the manufacturing of these bags are produced in Taiwan. The materials are cut to shape in Taiwan and each style is sub-assembled into subassemblies. Each subassembly is complete with all fittings, pockets, zippers, handles and straps found in the finished bag and each are substantially constructed in Taiwan.

Style 9528ZZ consists of two subassembly components which have been fabricated in Taiwan: 1. the main body, which consists of the front, back and bottom panels assembled with the pocket, zippers, webbing, hardware, handle and logo sewn together, 2. the gusset which includes the pockets and shoulder straps sewn together.

Style 9529ZZ consists of two subassembly components which have been fabricated in Taiwan: 1. the main body, which includes the front, back and bottom panels assembled with the pocket, zippers, webbing, hardware, handle and logo sewn together, 2. the gusset which includes the shoulder straps sewn together.

Style 9521ZZ consists of two subassembly components which have been fabricated in Taiwan: 1. the main body which includes the front, back and bottom panels, assembled with the zippers, webbing, hardware, handle and logo sewn together, 2.the gussets which includes the side pockets and shoulder straps sewn together.

CHINA:

The sub-assemblies are shipped to China wherein they are sewn together to form the completed bag. All loose threads are cut and the bags are packed into shipping cartons.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for styles 9521ZZ, 9528ZZ and 9529ZZ 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, other. 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 F 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 travel bags are not wholly assembled in a single country or insular possession. Accordingly, as the bags do 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 are an otherwise complete travel bag and constitute(s) the most important assembly or manufacturing process(es). Accordingly, the country of origin is Taiwan.

HOLDING:

The country of origin of the travel bags 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 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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