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NY G83343





October 23, 2000

CLA2-RR:NC:TA:351 G83343

CATEGORY: CLASSIFICATION

Brian S. Goldstein
Greenberg Traurig, LLP
Met Life Building
200 Park Avenue
New York, NY 10166

RE: Classification and country of origin determination for a Stand Golf Bag; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Goldstein:

This is in reply to your letter dated October 12, 2000, on behalf of your client, Belding Sports, Inc., requesting a classification and country of origin determination for the components of a Stand Golf Bag which will be imported into the United States. Your original request of August 29 was returned by us for more information. You have modified that original request to limit it to classification and country of origin of the product involving Taiwan and China, not Mexico.

FACTS:

The following is the scenario you have presented: Polypropylene or nylon of Taiwan origin is shipped to China where it is cut and sewn to form the body of the golf bag, a fake-fur lining top, a full-length divider, a shoulder strap, and a rain hood. Fiberglass-reinforced plastic poles, used to support the bag, are also sourced in China. All of the hardware and zippers, origin unstated, are attached to the golf bag body in China. All of these components are imported into the United States through Hong Kong. The molded plastic top and bottom support system are imported separately from Taiwan; we assume they are manufactured there. The plastic foot-stand activator is manufactured in Taiwan and imported separately. The metal stand is also produced in Taiwan and imported separately.

To summarize, then, the flat golf bag body, the fake-fur lining top, the divider, the shoulder strap, and the rain hood, all of textile material, are imported together. Each other component is imported separately.

All components will be assembled together in the United States to form the Stand Golf Bag.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the flat golf bag body, the fake-fur lining top, the divider, the shoulder strap, and the rain hood will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up articles, other. The duty rate will be seven percent.

The applicable subheading for the plastic molded top and bottom, the fiberglass-reinforced plastic poles, and the plastic foot stand activator will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The duty rate will be 5.3 percent.

Your inquiry does not provide enough information for us to give a classification ruling on the metal stand. Your request for a classification ruling should include the component breakdown, by weight and value, of the metal. When this information is available, you may wish to consider resubmission of your request. We are returning the samples as you requested. If you decide to resubmit your request, please include the sample of the stand that we have returned to you.

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

6307.90 The country of origin of a good classifiable under subheading 6307.90 is the country . . . in which the fabric comprising the good was formed by a fabric-making process.

As the fabric comprising the textile components is formed in a single country, that is, Taiwan, as per the terms of the tariff shift requirement, country of origin is conferred in Taiwan.

HOLDING:

The country of origin of the flat golf bag body, the fake-fur lining top, the divider, the shoulder strap, and the rain hood is Taiwan.

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 CFR 177.9(b)(1). This section 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 CFR 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 CFR 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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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