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NY G83665




November 22, 2000

CLA2-RR:NC:341:G83665

CATEGORY: CLASSIFICATION

Mr. Marc D. Torrence
V. Alexander & Co., Inc.
International Freight Forwarders
P.O. Box 291929
Nashville, Tenn. 37229

RE: Classification and country of origin determination for a golf bag; 19 CFR 102.21(c)(4)

Dear Mr. Torrence:

This is in reply to your letter dated October 18th, 2000, requesting a classification and country of origin determination for a golf bag which will be imported into the United States.

FACTS:

The subject merchandise consists of a Sportstrek ADS golf bag. All materials used to manufacture the bag are of Korean origin, except for the molded bag top, which is made in Thailand. (The nylon liner attached to the molded top and the artificial fur material that cover the top are made in Korea).

The manufacturing operations for the Sportstrek ADS golf bag are as follows:

China

Cut fabric (600D polyester), zippers, and webbing to size and shape Sew bag body
Sew pockets, webbing and handles to bag body Sew sling and hood for bag (but do not attach to bag body)

Korea

Sew top and bottom to bag body
Sew sling to bag body
Fold and stuff hood (an accessory that covers the exposed heads of the clubs) into bag pocket

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The hood is an accessory that covers the exposed head of the clubs and is not an actual part of the golf bag. If the golf bag and hood are imported in the same shipment, they are classifiable as a sports bag under HTS subheading 4202.92.3031.

The applicable subheading for the Sportstrek ADS golf bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 18.6% ad valorem.

Items classifiable under HTS subheading 4202.92.3031 fall within textile category designation 670. 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.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 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 of the foreign materials 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) in pertinent part 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":

HTSUS Tariff shift and/or other requirements

4202.92.3031 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.

Accordingly, as the subject merchandise is not wholly assembled in a single country, Section 102.21(c)(2) is inapplicable.

Section 102.21(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, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "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 merchandise, sewing the bag body, sewing the pockets, webbing and handles to the bag body, and sewing the sling and hood for the bag in China constitute the most important assembly processes. Accordingly, the country of origin of the Sportstrek ADS golf bag is China.

HOLDING:

The country of origin of the Sportstrek ADS golf bag is China. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

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 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 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 CFR 177.2.

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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