NY NY1282 - Classification and country of origin determination for knit handbags and coin purse, 19 CAR 102.21(c)(3) - United States International Trade Commision Rulings

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NY C89221

July 31, 1998

CLA-2-RR:NC:3:341 C89221

CATEGORY: CLASSIFICATION

Mr. Ashanta Yapa

Indonesian Imports, Inc.

440 Alabama Street

San Francisco, Ca. 94110

RE: Classification and country of origin determination for knit handbags and coin purse, 19 CAR 102.21(c)(3)

Dear Mr. Yapa:

This is in reply to your undated letter which was received on July 01, 1998, requesting a classification and country of origin determination for various purses identified as styles 3701, coin purse, 3702, handbag, style 3703, shoulder bag, 3704, shoulder bag and 3705, handbag.

FACTS:

Each style is wholly crocheted in Indonesia of yarns which have a fiber content of 85 percent nylon fibers. The crochet purse is shipped to Canada where each will be finished in its final form by inserting a lining, affixing a facile frame, and, in the case of the shoulder bags and handbags, attaching a strap to the frame.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for styles 3702, 3703, 3704 and 3705, handbags and shoulder bags of man-made textile materials, will be 4202.22.8050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for HANDBAGS, whether or not with shoulder straps, including those without handle, of textile materials, with outer surface of textile materials, of man-made fibers. The rate of duty will be 19 percent ad valorem.

The appropriate subheading for style 3701, coin purse, will be 4202.32.9550, HTSUSA, which provides for articles of a kind normally carried in the pocket or in the handbag, of textile materials, with outer surface of textile materials, of man-made fibers. The rate of duty will be 19 percent ad valorem.

Goods classified within Tariff numbers 4202.22.8050 and 4202.32.9550 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.

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 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

4202.22.40-4202.22.80 A change to subheading 4202.92.15- and 4202.92.30 from any other heading, 4202.32.40-4202.32.95 provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

Section 102.21(e) states that the good must be wholly assembled in a single country. Accordingly, as the bags are assembled in two countries, it does not satisfy paragraph (e). 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 knit in a single country, Section 102.21 (c)(3) is applicable.

HOLDING:

The country of origin of each style is Indonesia. Based upon international textile trade agreements products of Indonesia 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 CAR 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 CAR 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 CAR 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,

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