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February 26, 1999

CLA-2-42:RR:NC:3:341 D86813

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Mary E. Keller
The A.W. Fenton Co., Inc.
P.O. Box 75029
Cincinnati, OH 45275-0029

RE: The tariff classification of an unfinished carrying bag from China; GRI 2(a), HTS 4202.92.9031.

Dear Ms. Keller:

In your letter dated January 6, 1999, on behalf of Associated Premium Corporation you requested a classification ruling. Your samples are being returned as requested.

Representative finished and unfinished samples of a completed carrying bag have been submitted. Each sample has an outer surface of manmade textile materials. The finished sample is a carrying bag similar to a duffel bag and is intended to carry a golf bag with golf clubs and other accessories. It has a molded plastic bottom, with wheels, which are affixed to the bag body by means of cap nuts and bolts. The unfinished sample is complete with zipper closure and all straps. The unfinished sample does not have the bottom component. The bags are products of China.

Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRIs will be applied, in the order of their appearance.

Heading 4202, HTSUSA, provides in part for travel, sport and similar bags. A carrying bag of a kind similar to a duffel bag is an article classifiable within Heading 4202, Harmonized Tariff Schedules of the United States, Annotated (HTSUSA).

GRI 2(a) states that:

“Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article...”

The first part of GRI 2(a) extends the scope of an article provision to cover not only the complete article, but also that article incomplete or unfinished, provided that, as presented, it has the essential character of the completed or finished article. See explanatory Note (I) to GRI 2(a). In addition, an unfinished article possessing the essential character of the finished article remains classifiable as the finished article when presented unfinished or unassembled.

The unfinished duffel bag, as presented, is substantially dedicated to be a carrying bag. It does possess the essential character of a carrying bag. The absence of the bottom will not alter the determination that the articles possess the essential character of a carrying bag.

The applicable subheading for the unfinished carrying bag will be tariff number 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, of textile materials, with outer surface of textile materials, of man-made fibers. The duty rate will be 18.8 percent ad valorem.

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

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. We recommend that the imported article be marked by means of a sewn in fabric label which will be conspicuously located so that the ultimate purchaser will be able to determine the country of origin.

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. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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