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December 9, 1998

CLA-2-42:SE:C:D:G02 D85215

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Frank TenHave
New Brunswick Economic Development and Tourism P.O. Box 6000
Fredericton, NB E3B 5H1
Canada

RE: The tariff classification of nylon golf bags from China or Korea

Dear Mr. TenHave:

In your letter dated November 23, 1998 you requested the tariff classification for nylon golf bags on behalf of Equinox Sports of Toronto, Ontario. Photocopies depicting Equinox’s line of golf bags were enclosed with your request.

The company is considering shipping various components and subassemblies of the golf bags (including unfinished bags) from China and/or Korea to New Brunswick, Canada where they are to be finally assembled. The finished golf bags will then be exported to the United States.

The applicable subheading for the nylon golf bags will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The rate of duty will be 19 percent ad valorem.

Your letter contains insufficient information about the components and subassemblies to be imported into Canada (and the processes to be performed upon them there) to establish whether the finished golf bags qualify as Canadian in origin. When more complete information is available, you may wish to request a ruling on the country of origin of the bags and their eligibility for preferred treatment under the North American Free Trade Agreement (NAFTA).

Item 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements, products of China and Korea are subject to quota and the requirement of a visa. 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.

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.

Sincerely,

Artis M. Morgan, Jr.
Port Director
Seattle


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