CLA-2 CO:R:C:T 951481 CRS

Mr. Alan Sutter
J.W. Hampton, Jr. & Co., Inc.
15 Park Row
New York, NY 10038

RE: Nylon knapsacks/backpacks; country of origin; 19 CFR 12.130; not substantial transformation; HRL 088455.

Dear Mr. Sutter:

This is in reply to your letter of March 24, 1992, on behalf of Acme Brief Case Co., Inc., regarding the country of origin for tariff and quota purposes of five styles of knapsacks/backpacks. Samples of the merchandise in question were provided.

FACTS:

The merchandise in question consists of knapsacks/backpacks identified as style numbers 7411, 7711, 7430s, 7474 and 76362. The material components of the knapsacks/backpacks, including nylon fabric, thread, binding, zippers, webbing, trim and hang tags, are purchased in Taiwan and are wholly of Taiwanese origin and manufacture. The fabric is die-cut in Taiwan to the proper shapes for stitching into knapsacks/backpacks. After cutting, the die-cut fabric and other parts are shipped to the People's Republic of China (PRC) where they are assembled into finished articles. The completed backpacks/knapsacks are then packed into cartons and shipped to the United States. The manufacturer in the PRC is Guh Dih Tsuen, Rong Chyi Town, Goang Dong Province.

You state that the facts underlying this transaction are essentially identical to those stated in Headquarters Ruling Letter (HRL) 088455, issued to you on behalf of Acme Brief Case Co., Inc., on March 8, 1991. The differences are that: (1) the country of assembly in this instance is the People's Republic of China rather than Indonesia; and (2) while the cost per dozen for styles 7411, 7711 and 7430s are the same as given for the styles at issue in HRL 088455, the cost per dozen for styles 7474 and 76362 is different.

You have provided the following cost information per dozen with regard to the styles in question:

Styles 7411, 7711 and 7430s

PRC

Labor $3.360 Polybag 0.264 Carton 0.144 Inland trucking 0.468 Bank charges 0.240 PRC cost $4.476

Taiwan

Nylon with PVC backing $7.440 PVC sheeting for pocket backing 0.228 Design and dies 0.084 Cutting 0.236 Zippers 1.680 Webbing 0.864 Foam padding for backstraps 0.444 Plastic buckles 0.450 Thread 0.216 Hangtag 0.212 Taiwan cost $11.854

The total cost of the knapsacks/backpacks per dozen for styles 7411, 7711 and 7430s is $16.33 of which 72.6 percent represents costs incurred in Taiwan, and 27.4 percent, costs incurred in the PRC.

Style 7474

PRC Labor $6.390 Polybag 0.264 Carton 0.192 Inland trucking 0.952 Bank charges 0.384 PRC cost $8.182 Taiwan

Nylon with PVC backing $13.500 PVC sheeting for pocket backing 0.360 Design and dies 0.132 Cutting 0.384 Zippers 1.141 Webbing 1.926 Foam padding for backstraps 0.577 Plastic buckles 1.082 Thread 0.216 Hangtag 0.500 Taiwan cost $19.818

The total cost per dozen of style 7474 is $28.00, of which 70.78 percent represents costs incurred in Taiwan, and 29.22 percent costs incurred in the PRC.

Style 76362

PRC

Labor $6.760 Polybag 0.264 Carton 0.200 Inland trucking 0.952 Bank charges 0.362 PRC cost $8.538

Taiwan

Nylon with PU backing $15.550 PVC sheeting for pocket backing 1.020 Design and dies 0.371 Cutting 0.450 Zippers 3.663 Webbing 0.840 Foam padding backstraps 0.960 Plastic buckles 0.528 Thread 0.480 Hangtag 0.600 Taiwan cost $24.460

The total cost per dozen of style 76362 is $33.00, of which 74.13 percent represents costs incurred in Taiwan, and 25.87 percent, costs incurred in the PRC.

ISSUE:

The issue presented is whether the assembly of backpacks in the People's Republic of China from materials of Taiwanese origin constitutes a substantial transformation under section 12.130 of the Customs Regulations.

LAW AND ANALYSIS:

The country of origin regulations for textiles and textile products are contained in section 12.130, Customs Regulations (19 CFR 12.130. Section 12.130 provides that a textile or textile product consisting of materials produced or derived from, or processed in, more than one foreign country, is considered to be a product of that foreign country where it last underwent a substantial transformation. Subsection 12.130(d) enumerates the criteria to be considered in determining country of origin. The criteria include the physical change in the material or article, the time involved in the manufacturing or processing operations, the level or degree of skill and/or technology required, and the value added to the article. These criteria are not exhaustive; one or any combination of these criteria, as well as additional factors, may be considered.

Although the knapsacks/backpacks are assembled and packed in the PRC, the nylon fabric and other components are wholly of Taiwanese origin and manufacture. In addition, the design and cutting operations are performed in Taiwan. The raw material manufacture, and the design and cutting operations are deemed to be the factors which contribute most to the creation of the final product. Furthermore, we note that approximately three-quarters of the total value of the merchandise stems from operations performed in Taiwan.

Based on the information provided, Customs is of the opinion that the work performed in the PRC represents little more than simple fabrication and therefore does not constitute a substantial manufacturing or processing operation under 19 CFR 12.130. Accordingly, Taiwan is the country of origin of the knapsacks/backpacks at issue.

HOLDING:

The country of origin of the knapsacks/backpacks in question is Taiwan.

The holding in this ruling letter is binding only as it applies to the particular transaction or issue described in your request (19 CFR 177.9(a)). Each ruling is issued on the assumption that all of the information provided is accurate and complete in every material respect (19 CFR 177.9(b)(1)). In the event that the information provided should differ from the circumstances of the actual transaction, or does not comply with 19 CFR 177.9, this ruling will be subject to modification or revocation and may no longer be relied upon. In particular, the country of origin determination may be affected. In such a case, we recommend that a new request for a binding ruling be submitted in accordance with 19 CFR 177.2.

Sincerely,

John Durant, Director
Commercial Rulings Division