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NY G84174




November 17, 2000

CLA-2-42:RR:NC:TA:341 G84174

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Danny Elmer
Stahlsac, Inc.
81 Monticello Rd.
P.O. Box 1673
Weaverville, NC 28787

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a “Large Dive Cargo Duffel Bag with Wheels” from Mexico; Article 509.

Dear Mr. Elmer:

In your letter dated October 31, 2000, you requested a ruling on the status of a Large Dive Cargo Duffel Bag with Wheels” from Mexico under the NAFTA.

The sample submitted is identified as the W405, “Large Dive Cargo Duffel Bag with Wheels”. The item is a duffel bag on wheel designed for use by divers to transport their diving equipment and clothing to their dive destination. It is manufactured with an exterior surface of nylon woven fabrics, which forms its main body. The bag is designed to be pulled by means of a retractable molded plastic carrying handle or worn on the back by means of padded adjustable shoulder straps. The exterior front, sides and rear of the bag features various foam-padded pockets/compartments that are secured by means of heavy-duty zippered closures. The interior is lined with PVC and features a full-width mesh zippered compartment within the lid. Your sample is being returned as requested.

You have indicated that the duffel bag will be manufactured of three different fabrics, which are 400D nylon Packcloth of Thailand origin, 1050D Nylon Ballistics cloth of USA origin and Nylon mesh of USA origin.

The applicable tariff provision for W405 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 general rate of duty will be 18.6 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of Mexico are subject to quota.

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.

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, 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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