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NY I80199




May 3, 2002

CLA-2-42:RR:NC:3:341 I80199

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.2020

Mr. William D. Outman, II

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Hard Sided Plastic Luggage from Mexico; Article 509

Dear Mr. Outman:

In your letter dated March 29, 2002 you requested a ruling on the status of a hard-sided upright suitcase from Mexico under the NAFTA. The request is on behalf of Samsonite Corporation.

The suitcase is identified as the “Outline 4 Hardside Upright”. It is an upright Pullman suitcase with pull handle and in-line wheels. The case is manufactured of injection molded plastics. The suitcase body consists of a structured, rigid on all sides, top and bottom of plastics. The main body of the suitcase will be manufactured in Mexico of plastic materials that are injection molded. All other components will be imported into Mexico from various origins and assembled into the finished suitcase. The individual imported parts and components will be substantially transformed into the finished suitcase and are not individually considered unfinished luggage.

The applicable tariff provision for the “Outline 4 Hardside Upright” suitcase will be tariff number 4202.12.2020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides, in part, for suitcases with outer surface of plastics, structured, rigid on all sides . The general rate of duty will be 20 percent ad valorem.

Each of the non-originating materials used to make the upright Pullman suitcase has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/42.3. The upright Pullman suitcase will be entitled to a 2 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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