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NY E83679




July 19, 1999

CLA-2-63:RR:NC:TA:352 E83679

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 4202.92.3031

Ms. Jerrie Varrone Mirga
Economic Consulting Services
2030 M Street, N.W.
Washington, D.C. 20036

RE: The tariff classification of luggage components from China.

Dear Ms. Mirga:

In your letter dated June 15, 1999, on behalf of Naluco, Inc., you requested a classification ruling.

The samples submitted are components for the “Vertical Luggage”, model number 1200. The components are identified as a “Back Panel and a “Gusset”. After importation into the United States the component pieces will be combined with other component pieces to form the “Vertical Luggage”, model number 1200. The “Back Panel” is made of polyester woven fabric. A metal wire covered with vinyl material is attached around the edges. The interior side features two elastic straps with a metal buckle and a nylon woven fabric panel with strips similar to the VELCRO brand fastener. The exterior side features a small open pocket for an identification tag. Sewn lengthwise onto the panel are two 1 ½” wide web fabric strips.

The “Gusset” is constructed of two woven polyester fabric panels sewn together to form a circular shape. Sewn onto the top edges is a zipper. It features two textile web fabric carry handles and a web fabric strap with a plastic buckle.

The components are subject to several different exportation scenarios depending upon the production schedule of China and availability of manpower. In one scenario, each of the components will be imported in a separate shipment from China. In the second scenario, all of the components will be imported together in a single shipment from China. In the third scenario, the front panel is imported separately from China and the eight components will be imported together in another shipment from China. Although the front panel does include two zippered pockets, it does not incorporate any other features indicative of a suitcase body. The remaining eight components are substantially dedicated to be unfinished luggage.

If the components are imported separately, they are each classifiable in subheading 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles. . .Other. The rate of duty will be 7 percent ad valorem. If the front panel is imported separately, it is classifiable in subheading 6307.90.9989, HTS. If all of the components are imported together in the same shipment, they are classifiable in subheading 4202.92.3031, HTS, which provides for travel sport and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The rate of duty will be 18.8 percent ad valorem and the textile restraint category is 670. If all the components are imported in the same shipment, with the exception of the front panel, each are classifiable as unfinished luggage within subheading 4202.92.3031, HTS. Customs Decision 089289, December 9, 1991 is noted.

If any other combinations of the components are imported in the same shipment, which differs from the above combination, this ruling may not apply, and a separate ruling request should be submitted to Customs.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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