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HQ 961119




January 30, 2000

CLA RR:CR:TE 961119 jb

CATEGORY: CLASSIFICATION

Kevin Maher
C Air Custom House Brokers Forwarders, Inc. 153-66 Rockaway Boulevard
Jamaica, NY 11434

RE: Country of Origin determination for duffle bag

Dear Mr. Maher:

This letter is in response to your inquiry of September 12, 1997, on behalf of your client, A.D. Sutton & Sons, requesting a country of origin determination for a duffle bag. We apologize for the delay in responding to your request.

FACTS:

The submitted merchandise, referenced style S 3820, is a duffle bag composed of man-made textile materials. You indicate that the manufacturing operations for the subject merchandise are as follows:

Taiwan

Fabrics, accessories, threads and parts are sourced

China

Fabrics, webbing, and PVC piping are cut

Logos are silk screened onto the front panel and top zipper panel Two side zipper panels and bottom panels are sewn Side panels are attached with PVC piping and connected to zipper panels Separation panels are attached to each side pocket Top zipper flap is sewn with “VELCRO” Top zippers are attached to panels to compose the main zip opening compartment Top grip panel is sewn onto webbing handle with “VELCRO” attached Main zip opening compartment is attached to front and back panel Shoulder strap panel is sewn with plastic buckles attached Two small flat mesh pockets are sewn onto the front pocket panel Knotted elastic cords are attached to front pocket panel Front pocket panel, zipper and trimming webbing are hemmed

Trimming webbing is sewn onto front and back panels Front pocket compartment is sewn onto front panel Finished panels and compartments are shipped to Taiwan

Taiwan

Front panel and back panel are sewn with bottom panel together to create the body of the duffle bag Bottom compartment is double stitched for stability Right side pocket is sewn onto main body compartment Country of origin label is attached onto the seam Left side pocket is sewn onto main body compartment Duffle is turned onto the front side and bag is inspected Finished bags are packed into polybag and master carton and exported to the U.S.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act, codified in 19 U.S.C. 3592, provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 FR 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 foreign material 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) 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:"

4202.92.15-4202.92.30 A change to 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, territory or insular possession.

The subject merchandise is classified in subheading 4202.92.3031, HTSUSA, which provides for, among other things, travel, sports and similar bags, of man-made fibers. As the subject merchandise is not wholly assembled in a single country the terms of the tariff shift are not met.

Paragraph (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 to shape nor wholly assembled in a single country, territory, or insular possession, Section 102.21(c)(3) is also inapplicable.

Section 102.21(c)(4) states that, "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 duffle bag, the operations in China, that is, where the two side zipper panels and bottom panels are sewn, the side panels are attached with PVC piping and connected to zipper panels, the separation panels are attached to each side pocket, the top zipper flap is sewn with “VELCRO”, the top zippers are attached to panels to compose the main zip opening compartment, the top grip panel is sewn onto webbing handle with “VELCRO” attached, the main zip opening compartment is attached to front and back panel, the shoulder strap panel is sewn with plastic buckles attached, the two small flat mesh pockets are sewn onto the front pocket panel, the
knotted elastic cords are attached to front pocket panel, the front pocket panel, zipper and trimming webbing are hemmed, the trimming webbing is sewn onto front and back panels, and the front pocket compartment is sewn onto front panel, constitute the most important operations. As such, the country of origin of the subject merchandise is China.

HOLDING:

The country of origin for the subject duffle bag, referenced style number S 3820, is China.

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 C.F.R. 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

Should it be subsequently determined that the information furnished is not complete and does not comply with 19 C.F.R. 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 C.F.R. 177.2.

Sincerely,

John Durant, Director

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