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HQ 965017




May 9, 2002

CLA-2 RR:CR:TE 965017 jsj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889
4202.92.3031
7326.90.8586

Kenneth R. Paley, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-Five Broad Street
New York, New York
10004

RE: Golf Bag Parts; Subheadings 6307.90.9889, 4202.92.3031 and 7326.90.8586, HTSUSA; Separate shipments; HQ 964538 (Nov. 19, 2001) Incorporated by Reference.

Dear Mr. Paley:

The purpose of this correspondence is to respond to your request dated April 26, 2001. The correspondence in issue requested, on the behalf of your client, Burton Golf, Inc., a binding classification ruling concerning the merchandise described as a “golf bag parts.”

This ruling is being issued subsequent to the following: (1) A review of your submission dated April 26, 2001; and (2) A review of the “Ping,” Cobra” and “Journey” golf bag sample parts.

FACTS

The articles in issue, identified by counsel for the importer as “Ping” golf bag parts, “Cobra” golf bag parts and “Journey” golf bag parts, are parts of golf bags. The samples provided include both the parts that will be imported, as well as the parts sourced in the United States. Customs is advised that subsequent to importation the parts will be assembled and the result will be completed golf bags.

“Ping” Golf Bag Parts

The “Ping” golf bag parts subject to classification considerations include: (1) A golf bag body; (2) A sling; (3) A sling chape; (4) A bottom cuff; (5) An outside top cuff; (6) A top wrap (inside top cuff); (7) A hood; (8) Dividers; (9) A D-ring; and (10) Closing tape. The golf bag body is composed primarily of man-made textile material. It has the shape and design of a golf bag, but lacks a top and a bottom. The golf bag body has numerous zippered pickets, an open mesh pocket, a metal “O” ring, a plastic “D” ring and a textile handle. It has the word “PING” embroidered on two sides.

The sling is made of a man-made textile material. It is padded and has two caricatured golfers embroidered, one on each end. It has two spring-loaded metal clasps, an “O” ring, a length of woven man-made textile material and a plastic clip to adjust the strap length.

The sling chape is a piece of plastic approximately ten (10) inches in length that has textile material wrapped around it. The textile material is sewn and glued to the plastic. It has a single male metal snap and a plastic or rubber logo with the word “PING” in the center.

The bottom cuff is a piece of plastic approximately thirty (30) inches long and two (2) inches wide. It is wrapped with a padded textile material that is glued to the plastic.

The outside top cuff is similar to the bottom cuff, except that it measures two and three-fourths (2 ¾) inches in width at the ends, but tapers to two and one-half (2 ½) inches in the center. It does not have the same degree of padding as the bottom cuff.

The top wrap (inside top cuff) is a circular piece of cushioned textile material in the shape of a crown.

The hood is completely finished. It is large enough to cover all of the golfer’s clubs when in the golf bag. It has three female metal snaps at its base and a zipper with two pulls that begins at the base of one side of the front of the hood, loops to the top and then comes down the opposite side of the front. It has a slit cut in the back. The slit appears designed to permit the sling to slip through. A soft plastic material is sewn around the slit.

The divider is a piece of textile material approximately nine (9) inches wide and sewn in a circle. Part of the divider is made of padded textile material, but the majority is unpadded. It has two pieces of plastic and numerous hook and loop fastener systems sewn onto the material.

The “D” ring is made of iron or steel and is approximately one and one-half (1½) inches wide. The closing tape is made of man-made woven textile material one (1) inch wide and four (4) inches in length.

The above-identified and described parts, subsequent to importation, will be assembled in the United States with a molded plastic top, a molded plastic bottom, three thirty-two (32) inch long stays and a two (2) inch long “U” shaped sling chape underclip with holes in each of the corners. Burton identifies the assembled product as a “molded top cart bag.”

“Cobra” Golf Bag Parts

The “Cobra” golf bag parts subject to classification consideration include: (1) A golf bag body sleeve; (2) A sling strap; (3) A sling chape; (4) A bottom cuff; (5) An outside top cuff; (6) An inside top cuff; (7) A hood; (8) Dividers; (9) Divider straps; and (10) A top ring cover. The parts of the “Cobra” golf bag are essentially the same as those of the “Ping” golf bag described above. The divider strap, not described as part of the “Ping” parts, has the characteristics and shape of a small belt. It is twenty-six (26) inches long and five-eighths (5/8) of an inch wide, with a belt-style locking mechanism and five pre-punched holes. The parts are made primarily of man-made textile material and plastic.

The above-identified and described parts, subsequent to importation will be assembled in the United States with a specifically shaped steel ring, a molded plastic bottom and a polyethylene plastic tube. The tube is approximately the same size as the finished golf bag. This golf bag, unlike the “Ping” bag, does not have a molded plastic top. Burton identifies the assembled product as a “top ring cart bag.”

“Journey” Golf Bag Parts

The “Journey” golf bag parts subject to classification consideration include: (1) A golf bag body sleeve; (2) A sling strap; (3) An inside top cuff; (4) A bottom cuff binding; (5) Dividers; (6) A divider cover; and (7) A hood. The parts of the “Journey” golf bag are essentially the same as those of the “Ping” golf bag described above. The top cuff binding, not described as part of the “Ping” parts, is a length of woven man-made textile material that measures twenty-nine and one-half (29 ½) inches long and two (2) inches wide. The divider cover is a six (6) inch by two and one-eighth (2 1/8) inch piece of textile material with hook and loop fastener material on the ends. The parts are made primarily of man-made textile material and plastic.

The above-identified and described parts, subsequent to importation, will be assembled in the United States with a molded plastic top, a molded plastic bottom, three stays to provide the bag with form and a tubular retractable stand. Burton identifies the assembled product as a “stand golf bag.”

The Customs Service prepared this ruling on the assumption that the importer has accurately represented all of the parts of each golf bag. It is specifically noted that Customs was not provided any information concerning the extent of the manufacturing or assembly operations to be conducted in the country of export or in the United States subsequent to importation.

The Customs Service is advised that the country of origin of the imported parts is China.

ISSUE

What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of the above-described “Ping,” “Cobra” and “Journey” golf bag parts to be imported from China ?

LAW AND ANALYSIS

The Customs Service in Headquarters Ruling Letter 964538 (Nov. 19, 2001) classified substantially similar merchandise in subheading 6307.90.9989, HTSUSA. Subheading 6307.90.9989, HTSUSA, effective January of 2002, is enumerated as subheading 6307.90.9889, HTSUSA. Subheading 6307.90.9889, HTSUSA, provides for:

Other made up articles, including dress patterns:

Other:

Other:
6307.90.98 Other;

Other:
6307.90.9889 Other.

The legal reasoning and analysis employed in HQ 964538 is incorporated by reference. Headquarters Ruling Letter 964538 is attached to and made a part of this ruling letter.

The golf bag parts of the “Ping,” “Cobra” and “Journey” golf bags, identified in the FACTS section of this ruling letter, to be imported by Burton Golf, Inc., are individually classified in subheading 6307.90.9889, HTSUSA.

Should the “Ping” golf bag parts addressed above be imported together with its molded plastic top and molded plastic bottom, either in the same or separate containers, but in the same shipment, all of the merchandise would be classified pursuant to GRI 2(a) as unassembled sports bags. Complete or finished golf bags with outer surfaces of man-made textile materials are classified in heading 4202, HTSUSA, and are further classified at the subheading level in subheading 4202.92.3031, HTSUSA. Subheading 4202.92.3031, HTSUSA, provides for the classification of sports bags with an outer surface of textile materials of man-made fibers.

The reasoning addressed in the immediately preceding paragraph applies equally to the “Cobra” golf bag parts if imported with the steel ring, molded plastic bottom and polyethylene plastic tube, as well as to the “Journey” golf bag parts if imported with the molded plastic top, molded plastic bottom, stays and the tubular retractable stand. The “Cobra” and “Journey” golf bag parts, if imported either in the same or separate containers, but in the same shipment, would be classified pursuant to GRI 2(a) as unassembled sports bags in subheading 4202.92.3031, HTSUSA. Subheading 4202.92.3031, HTSUSA, as previously stated, provides for the classification of sports bags with an outer surface of textile materials of man-made fibers.

The iron or steel “D” ring, to be imported as a part of the “Ping” golf bag parts is classified pursuant to GRI 1 in heading 7326, HTSUSA, as an “Other article of iron or steel.” Continuing the classification of the “D” ring at the subheading level, it is classified in subheading 7326.90.8586, HTSUSA, as “Other articles of iron or steel: Other: Other: Other: Other, Other.”

The Customs Service notes that this ruling is consistent with a long-line of decisions extending from Internal Advice request HQ 085391 (Dec. 20, 1989). The rulings include: HQ 959178 (June 24, 1996); HQ 960883 (April 27, 1998); and HQ 962313 (Mar. 4, 1999).

The Customs Service is aware of HQ 957006 (June 27, 1995), HQ 958915 (Feb. 27, 1996) and HQ 961056 (Feb. 11, 1998) classifying similar golf body panels without bottoms in Chapter 42, HTSUSA. Customs is re-examining the classification of this merchandise and considering whether this merchandise should be classified in heading 6307, HTSUSA, of Chapter 63. If a decision is made to re-classify the merchandise addressed in the identified ruling letters, the Customs Service will proceed in accordance with 19 U.S.C. 1625 (c).

HOLDING

The “Ping” golf bag parts, when imported in shipments separate from the molded plastic top and molded plastic bottom are classified in subheading 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated.

The “Cobra” golf bag parts, when imported in shipments separate from the steel ring, molded plastic bottom and polyethylene tube are classified in subheading 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated.

The “Journey” golf bag parts, when imported in shipments separate from the molded plastic top, molded plastic bottom, stays and the tubular retractable stand are classified in subheading 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated.

The General Column 1 Rate of Duty for subheading 6307.90.9889, HTSUSA, is seven (7) percent, ad valorem.

The iron or steel “D” ring, to be imported as a part of the “Ping” golf bag parts is classified in subheading 7326.90.8586, Harmonized Tariff Schedule of the United States Annotated.

The General Column 1 Rate of Duty for subheading 7326.90.8586, HTSUSA, is two and nine-tenths (2.9) percent, ad valorem.

If the “Ping” golf bag parts are imported with the molded plastic top and molded plastic bottom as part of a single shipment for Customs purposes, they would be classified in subheading 4202.92.3031, Harmonized Tariff Schedule of the United States Annotated.

If the “Cobra” golf bag parts are imported with the steel ring, molded plastic bottom and polyethylene tube as part of a single shipment for Customs purposes, they would be classified in subheading 4202.92.3031, Harmonized Tariff Schedule of the United States Annotated.

If the “Journey” golf bag parts are imported with the molded plastic top, molded plastic bottom, stays and the tubular retractable stand as part of a single shipment for Customs purposes, they would be classified in subheading 4202.92.3031, Harmonized Tariff Schedule of the United States Annotated.

The General Column 1 Rate of Duty of subheading 4202.92.3031, HTSUSA, is eighteen and one-tenth (18.1) percent, ad valorem.

The textile quota category for merchandise classified in subheading 4202.92.3031, HTSUSA, is category 670.

There are no applicable quota/visa requirements for products of World Trade Organization (WTO) member-countries. The textile category number above applies to merchandise produced in non-WTO member-countries.

The designated textile and apparel category may be subdivided into parts. If subdivided, the quota and visa requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent negotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels) an internal issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs Service office. The Status Report On Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin Board (CEBB) which can be found on the U.S. Customs Web site at www.customs.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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