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NY C88838


July 9, 1998

CLA-2-RR:NC:3:341 C88838

CATEGORY: CLASSIFICATION

Ms. Linda Brown

D.J. Powers Co., Ltd.

P.O.Box 9239

35 Barnard Street

Savannah, Ga. 31412-5230

RE: Classification and country of origin determination for a nylon garment bag; 19 C.F.R. §102.21(c)(4)

Dear Ms. Brown :

This is in reply to your letter dated March 4, 1998, requesting a classification and country of origin determination for a nylon garment bag which will be imported into the United States. The request is on behalf of Augusta Sportswear.

FACTS:

The subject merchandise consists of style 570, a nylon garment bag. The bag measures approximately 40" long, 24" wide and has a three inch gusset. It has double carrying handles of polypropelyene webbing. One handle is sewn to each end so that when folded in half the bag can be carried. There is a small reinforced slit at the top so that a standard garment hanger may be inserted and the bag can be carried by the hanger or hung from a closet bar. The bag has a full length nylon coil zipper closure and one zippered accessory pocket.

The manufacturing operations for style 570, garment bag, are as follows:

The nylon fabric, zippers and polypropylene webbing is sourced in Taiwan. The fabric is cut into component pieces. The webbing and the zippers are cut to length. The front and back panels are fabricated by sewing the appropriate pieces together with the zippers and affixing the handles. The gusset panel is fabricated by sewing two pieces together at both ends. One portion of the gusset is finished to form the hanger slit. The Taiwan process results in producing the three main body parts of the otherwise unassembled garment bag.

In China, the three body parts are assembled by sewing them together. The interior seams are trimmed and finished with Polyvinyl Chloride (PVC) edging. All loose threads are trimmed. the finished bag is cleaned and packed into polybags and export cartons.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style 570, nylon garment bag, 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 materials, of man-
made fibers. The rate of duty will be 19 percent ad valorem.

Tariff number 4202.92.3031 falls within textile category designation 670. 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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that 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 available for inspection at your local Customs office.

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

4202.92.15-4202.92.30 A change to subheading 4202.92.15- 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.

Section 102.21(e) states that the good must be wholly assembled in a single country. Accordingly, as the garment bag is assembled in two countries, it does not satisfy paragraph (e). 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, the creation of the three main body components of the unfinished garment bag constitutes the most important assembly process. Accordingly, the country of origin of style 570, the garment bag, is Taiwan.

HOLDING:

The country of origin of style 570, garment bag, is Taiwan. Based upon international textile trade agreements products of Taiwan 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 C.F.R. §177.9(b)(1). This sections 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 C.F.R. §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 C.F.R. §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 212-466-5893.

Sincerely,


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