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NY I87880




November 25, 2002

CLA-2-42:RR:NC:3:341 I87880

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Mr. Hector M. Caballero
Caballero Brokers, Inc.
4602 Modern Lane
Laredo, TX.78041

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a traveling bag from Mexico; Article 509

Dear Mr. Caballero:

In your letter dated October 9,2002 you requested a ruling on the status of a traveling bag of man-made textile materials, style 125, from Mexico under the NAFTA. The request is on behalf of Levin Holdings, Inc.

A sample of style 125 has been submitted. It is a traveling bag of the kind known as a vertical satchel or duffel bag . It is manufactured of woven nylon textile materials. The exterior surface is of a man-made fiber textile material. The bag is trimmed with genuine leather. You have indicated that the traveling bag is assembled in Mexico from fabric components cut in the United States of foreign origin nylon fabric. The fabric is of the kind classified in heading 5407, HTSUSA. All other components are products of the United States. The sample is being returned as requested.

The applicable tariff provision for the satchel, style 125, will be 4202.92.3031, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for travel, sport and similar bags, with outer surface of textile material, of man-made fibers.. The general rate of duty will be 18.1 % ad valorem..

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.

The country of origin regulations for the instant textile article of heading 4202, HTSUSA are provided in 19 CFR 102.21(c)(2) and 19 CFR102.21(e). Mexico is the country of origin of the satchel, item 125.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S., the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The instant sample is currently marked by means of a sewn in fabric label that is conspicuously placed near the interior top of the bag. The label is printed in contrasting color with the words “Assembled in Mexico”. The marking satisfies the requirements of 19 U.S.C. 1304

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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.

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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