CLA-2-RR:NC:3:341 C89221
Mr. Ashanta Yapa
Indonesian Imports, Inc.
440 Alabama Street
San Francisco, Ca. 94110
RE: Classification and country of origin determination for knit handbags and
coin purse, 19 CAR 102.21(c)(3)
Dear Mr. Yapa:
This is in reply to your undated letter which was received on July 01,
1998, requesting a classification and country of origin determination for
various purses identified as styles 3701, coin purse, 3702, handbag, style 3703,
shoulder bag, 3704, shoulder bag and 3705, handbag.
FACTS:
Each style is wholly crocheted in Indonesia of yarns which have a fiber
content of 85 percent nylon fibers. The crochet purse is shipped to Canada
where each will be finished in its final form by inserting a lining, affixing a
facile frame, and, in the case of the shoulder bags and handbags, attaching a
strap to the frame.
ISSUE:
What are the classification and country of origin of the subject
merchandise?
CLASSIFICATION:
The applicable subheading for styles 3702, 3703, 3704 and 3705, handbags
and shoulder bags of man-made textile materials, will be 4202.22.8050,
Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which
provides for HANDBAGS, whether or not with shoulder straps, including those
without handle, of textile materials, with outer surface of textile materials,
of man-made fibers. The rate of duty will be 19 percent ad valorem.
The appropriate subheading for style 3701, coin purse, will be
4202.32.9550, HTSUSA, which provides for articles of a kind normally carried in
the pocket or in the handbag, of textile materials, with outer surface of
textile materials, of man-made fibers. The rate of duty will be 19 percent ad
valorem.
Goods classified within Tariff numbers 4202.22.8050 and 4202.32.9550 fall
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. ยง3592) 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 F 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
4202.22.40-4202.22.80 A change to subheading 4202.92.15- and
4202.92.30 from any other heading, 4202.32.40-4202.32.95
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 bags are 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 knit in a single country, Section 102.21
(c)(3) is applicable.
HOLDING:
The country of origin of each style is Indonesia. Based upon international
textile trade agreements products of Indonesia 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 CAR 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 CAR
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 CAR 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,
Robert B. Swierupski
Director,
National Commodity
Specialist Division