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NY F82884




March 15, 2000

CLA-2-42:RR:NC:341:F82884

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031; 4202.92.3020; 4202.12.8030

Mr. Roger Bastarache
Ny-Tech Design Ltd.
253 Industrial Avenue
Truro, Nova Scotia B2N 5V2

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of sports bags, a backpack, and a portfolio from Taiwan; Article 509.

Dear Mr. Roger Bastarache:

In your letter dated January 14th, 2000 you requested a ruling on the status of sports bags, a backpack, and a portfolio from Canada under the NAFTA.

The samples submitted with your request include NT-2005, "Jumbo Sports Bag", NT-4110, "Junior Executive Briefcase", NT-5059, "Nylon Backpack", and NT-6775, "Nylon Golf Accessory Bag." Each bag has an exterior surface of man-made textile material. (NT-3006N, "Nylon Six Pack Cooler" will be ruled upon separately under another NY ruling number).

NT-6775 measures approximately 5.5" in width by 7" in height and is secured by a full-width zippered closure. A plastic clasp is affixed to the side exterior of the bag that enables the user to attache the bag to one's belt or another bag. The front of the bag incorporates elasticized loop holders and housing for an expandable ball retriever.

NT-5059 measures approximately 16" in height by 11.5" in width by a 6" gusset. The interior of the bag is unlined and is secured by a drawstring closure and flap with tuck lock closure. A pocket with a flap and snap closure is located on the exterior front and sides of the bag. Two adjustable padded straps are permanently attached to the rear of the bag that enables use as a backpack.

NT-2005 measures approximately 11" in height by 22" in length by a bottom panel of 11". The bag is comprised of two compartments; a zippered central compartment and a zippered side compartment. The interior of the bag is unlined and a cardboard insert reinforces the bottom of the central compartment. Two carry handles and a detachable shoulder strap are incorporated on the bag.

NT-4110 measures approximately 12" in height by 16" in width by a 2" gusset and has two carry handles and a detachable shoulder strap. The item is similar to a portfolio or briefcase. The interior of the bag is unlined and is secured by a zippered closure. A full-width open pocket is incorporated on the front exterior of the bag.

The applicable tariff provision for NT-2005, "Jumbo Sports Bag", and NT-6775, "Nylon Golf Accessory Bag" will be 4202.92.3031, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for travel, sports, and similar bagswith outer surface of textile materials, other, other, of man-made fibers, other. The general rate of duty will be 18.6% ad valorem.

The applicable tariff provision for NT-4110, "Junior Executive Briefcase" will be 4202.12.8030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for attache cases, brief cases, school satchels, occupational luggage cases and similar containers, of man-made fibers. The general rate of duty will be 18.6% ad valorem.

The applicable tariff provision for NT-5059, "Nylon Backpack" will be 4202.92.3020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for travel, sports, and similar bagswith outer surface of textile materials, other, other, of man-made fibers, backpacks. The general rate of duty will be 18.6% ad valorem.

Items classifiable under HTS subheading 4202.92.3031, 4202.12.8030, and 4202.92.3020 fall within textile category designation 670. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

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.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.

To be eligible for tariff preferences under the NAFTA, goods must be "originating goods" within the rules of origin in general note 12(b), HTSUS. General notes 12(b)(i) and (ii)(A), HTSUS, state:

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if --
they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or
they have been transformed in the territory of Canada, Mexico and/or the United States so that --

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r),(s) and (t) of this note or the rules set forth therein . . .

The Polyvinyl Chloride coated man-made fiber textile materials are of a kind classified under tariff number 5903.10.25, HTSUSA. The information you submitted states the fabric used to product the exterior surface of the bags is made in Taiwan. General Notes 12(t)/42.3 and 12(t)/42.9 specify that a non-originating material must be changed from any other chapter except from specifically designated tariff items which include 5903.10.25, HTSUSA.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/42.3 and 12(t)/42.9, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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