CLA-2 CO:R:C:S 557875 BLS
Mr. William D. Outman, II
Baker & McKenzie
815 Connecticut Avenue, N.W.
Washington, D.C. 20006-4078
RE: Applicability of subheading 9802.00.90, HTSUS, to soft-sided
luggage; Special Regime Program; findings; Article 509
Dear Mr. Outman:
This is in reference to your letter dated April 7, 1994, and
other correspondence, on behalf of Samsonite Corporation
("Samsonite"), requesting a ruling that certain soft-sided
luggage to be imported from Mexico will be eligible for duty-free
treatment under subheading 9802.00.90, Harmonized Tariff Schedule
of the United States (HTSUS).
FACTS:
Samsonite sends various components comprised of different
materials to Mexico to be used in assembling soft-sided luggage.
These components include the following:
1) Fabric components of 100 percent nylon used for the
shell of the suitcase and the internal linings; and of
50 percent nylon and 50 percent polyester used to make
carrying straps. These fabric components are wholly
formed and cut in the U.S.
2) Other fabric components wholly formed in the U.S. that
will be exported to Mexico on reels or spools. In the
assembly process, these materials will be unspooled,
stitched to another textile article (e.g., side panel)
and then cut to length.
3) Fabric and non-fabric components used in the assembly
process, traditionally considered "findings and
trimmings", such as zippers and articles for decorative
purposes. These items may be both of U.S. and foreign
manufacture.
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4) Other non-fabric components such as plastic, metal, or
wood. In the subject suitcase, these non-fabric
components include metal frames, metal or plastic
wheels, metal handle rings, metal rivets, plastic
webbing, vinyl washers, and wood bases. These
components may be both of U.S. and foreign manufacture.
You state that vinyl components used in the assembly process
are cut to shape in the U.S. from vinyl sheet sourced from Asia.
These components have a variety of uses, including handle covers
and straps, shoulder strap reinforcements, zipper pulls, and
decorative trim. The largest vinyl components cut to shape are
used as reinforcement on the bottom rail of the suitcase.
The assembly operation in Mexico is as follows:
Work Center A10
The various components are bundled and inspected.
Work Center B10
The cap and socket are installed on the interior back panel;
vinyl reinforcements are sewn to the back panel; vinyl supports
are sewn to the rail handle; loose threads on the rail are cut.
Work Center Bll
The primary operations at this center include cutting to
length of ribbon, elastic, and zippers. Other operations
include the installation of grommets on sliders, and buckles on
ribbons by sewing.
Work Center B13
The metal strip used as the frame for the luggage is warmed
and bent, and the ends are cut and leveled. The frame is then
perforated. The other primary operations involve the assembly of
the wheels, puller, polys, springs and stud with the frame by
riveting, stapling, and gluing.
Work Center B14
Tasks related to the frame and welt assembly are performed at
this work center. The operations include cutting the handle to
length and sewing on the covering, sewing the vinyl reinforcement
to the webbing, and stapling the handle with rings.
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Work Centers C10, C36
At these Centers, the tasks involve various sewing
operations, including sewing accents to the front lower pocket,
sewing zippers and bindings to the front netting, and the liner
to the central panel. Additional tasks include cutting the
elastic cord and webbing to length, and riveting a plastic hook
to the webbing.
Work Centers Dll, El0, G10, H10 and K10
At these Centers, sewing operations are performed which involve
attaching the various components.
Work Center Lll
Stapling and riveting operations of certain components to the
frame and base are performed at this Center.
ISSUE:
Whether the soft-sided luggage will be eligible for duty-free
treatment under subheading 9802.00.90, HTSUS, upon importation
into the U.S.
LAW AND ANALYSIS:
Annex 300-B of the North American Free Trade Agreement
("NAFTA") is applicable to textile and apparel goods. Appendix
2.4 of Annex 300-B provides that:
[o]n January 1, 1994, the U.S. shall eliminate customs
duties on textiles and apparel goods that are assembled
in Mexico from fabrics wholly formed and cut in the
United States and exported from and reimported into the
United States under:
(a) U.S. tariff item 9802.00.80.10; or
(b) Chapter 61, 62, or 63 if, after such assembly,
those goods that would have qualified for treatment
under 9802.00.80.10 have been subject to bleaching,
garment dyeing, stone-washing, acid-washing or perma-pressing.
Thereafter, the U.S. shall not adopt or maintain any
customs duty on textile or apparel goods of Mexico that
satisfy the requirements of subparagraph (a) or (b) or
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the requirements of any successor provision to U.S.
tariff item 9802.00.80.10.
Consequently, subheading 9802.00.90, HTSUS, was created to
provide for the duty-free entry of:
Textile and apparel goods, assembled in Mexico in which
all fabric components were wholly formed and cut in the
United States, which (a) were exported in condition
ready for assembly without further fabrication, (b)
have not lost their physical identity in such articles
by change in form, shape or otherwise, and (c) have not
been advanced in value or improved in condition abroad
except by being assembled and except by operations
incidental to the assembly process; provided the goods
classifiable in chapters 61, 62, or 63 may have been
subject to bleaching, garment dyeing, stone-washing,
acid-washing or perma-pressing after assembly as
provided for herein.
"Textile and Apparel Goods"
The initial question we must address is whether the subject
luggage is considered a "textile and apparel good" under
subheading 9802.00.90, HTSUS.
"Textile and apparel goods" eligible for duty-free treatment
under subheading 9802.00.90, HTSUS, are listed in Appendix 1.1 of
Annex 300-B of the NAFTA. Chapter 42 of Appendix 1.1 includes
among such goods "ex 4202.12 (Luggage, handbags and flatgoods
with an outer surface predominantly of textile materials)". Thus,
the subject luggage will qualify as a "textile and apparel good"
if it is classified under subheading 4202.12.80, HTSUS, and has
an outer surface predominantly of textile materials. After
inspection of the submitted sample, we find that the article
possesses an outer surface predominantly of textile materials,
and is classifiable under subheading 4202.12.80, which provides
in part for "Trunks, suitcases, vanity cases...With outer surface
of textile materials...". Therefore, the subject soft-sided
luggage is a "textile and apparel good" eligible for duty-free
treatment under subheading 9802.00.90, HTSUS.
Findings and Trimmings
The enactment of subheading 9802.00.90, HTSUS, was intended
to extend duty-free and quota-free status to all goods assembled
in Mexico, which previously were eligible for entry under the
Special Regime Program administered under subheading
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9802.00.8010, HTSUS. As a result, it is Customs view that all
of the policy directives implementing this program should be
considered applicable for the administration of subheading
9802.00.90, HTSUS. One such policy under the Special Regime
Program included the allowance of "findings, trimmings, and
certain elastic strips of foreign origin" to be incorporated into
the assembled good "provided they do not exceed 25 percent of the
cost of the components of the assembled product." Examples of
findings and trimmings are sewing thread, hooks and eyes, snaps,
buttons, "bow buds," lace trim, zippers, including zipper tapes,
and labels. See 53 Fed. Reg. 15726 (May 3, 1988).
It is unclear from your submissions the extent of the
findings and trimmings that are of foreign origin. However,
the imported article will be eligible for duty-free treatment
under subheading 9802.00.90, HTSUS, provided the cost of such
components, including any elastic strips, do not exceed 25
percent of the cost of the components of the assembled luggage.
FABRICATION AND ASSEMBLY
Since subheading 9802.00.90, HTSUS, was intended as a
successor provision to subheading 9802.00.80, HTSUS, with respect
to certain textile and apparel goods assembled in Mexico, the
regulations under subheading 9802.00.80, HTSUS, may be
instructive in determining whether a good is eligible for the
beneficial duty treatment accorded by subheading 9802.00.90,
HTSUS. (In this regard, however, as distinguished from
subheading 9802.00.80, HTSUS, it is noted that the new statute
requires only that all fabric components be formed and cut in the
U.S., and that only such components need be exported from the
U.S. in condition ready for assembly without further
fabrication.)
Under section 10.14(a), Customs Regulations (19 CFR
10.14(a)), components will not lose their entitlement to the
benefits of subheading 9802.00.80, HTSUS, by being subjected to
operations incidental to the assembly before, during, or after
the assembly with other components. Pursuant to section
10.16(a) of the Regulations (19 CFR 10.16(a)), the assembly
operations performed abroad may consist of any method used to
join or fit solid components, such as welding, soldering,
riveting, force fitting, gluing, laminating, sewing, or the use
of fasteners, and may be preceded, accompanied, or followed by
operations incidental to the assembly process. Examples of
operations incidental to the assembly process include trimming,
filing, or cutting off of small amounts of excess materials, and
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cutting to length of wire, thread, tape, foil and similar
products exported in similar length. (19 CFR 10.16(b)(4) and
(b)(6).)
In the instant case, the sewing operations used to join
fabric components, or to join fabric components to other items,
are acceptable assembly operations. The other methods of assembly
employed, e.g., riveting, gluing, and stapling, which to some
extent may also involve fabric components, are similarly
considered acceptable assembly operations. Cutting various
fabric components to length and cutting off excess thread are
operations incidental to the assembly process, and therefore will
not disqualify the article from eligibility under subheading
9802.00.90, HTSUS.
Accordingly, the luggage assembled in Mexico may be entered
free of duty, provided all fabric components are U.S.-formed
(i.e., the fabric is woven or milled in the U.S.), the fabric is
cut in the U.S. (except for cutting to length), and foreign
findings, trimmings, and elastic strips do not exceed 25 percent
of the cost of all components.
HOLDING:
1) Soft-sided luggage with an outer surface predominantly of
textile materials is classifiable under subheading 4202.12.80,
HTSUS, which provides in part for "Trunks, suitcases, vanity
cases... With outer surface of textile materials...".
Therefore, the article is considered a "textile and apparel good"
for purposes of determining its eligibility under subheading
9802.00.90, HTSUS.
2) Since the operations performed in Mexico in connection
with the fabric components are acceptable assembly operations or
operations incidental to such assembly, the imported luggage will
qualify for duty-free treatment under subheading 9802.00.90,
HTSUS, provided all such components are cut and formed in the
U.S., and the cost of all foreign findings, trimmings, and
elastic strips do not exceed 25 percent of the cost of the
components of the assembled article.
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A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is entered. If
the documents have been filed without a copy, this ruling should
be brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division