CLA-2-42:OT:RR:NC:N4:441
Ms. Alice Lu
Printx GP (Cambodia) Factory Co., Ltd
National Road #51, Trapeang Phlong Village
Damnak Reang Commune, Oudong District
Kampong Speu Province, Cambodia 50413
RE: The tariff classification and country of origin for a backpack from Cambodia;
19 CFR 102.21 (c)(2); tariff shift
Dear Ms. Lu:
In your letter dated February 13, 2023, you requested a tariff classification and country of origin ruling on behalf of your client, LG Sourcing Inc. Photographs and product descriptions were submitted for our review.
The article at issue, which you referred to as the “Kobalt Extreme Tool Backpack,” item number 2416939 is a backpack.
In your request, you stated that the article is constructed with an outer surface of 100 percent polyester, which is a man-made textile material. You have indicated that the outer surface of the article is uncoated. The article is designed to provide protection, portability, organization, and storage to personal effects during travel. The backpack features a zippered closure and one handle. The back of the pack has two straps that allow the user to wear it over the shoulder on the back. The front exterior features three zippered pockets. The left exterior features two open pockets, and the right exterior features two zippered pockets.
You have indicated that the locations of the manufacturing operations are as follows: China: The polyester fabric and all materials are produced.
Cambodia: All cutting, sewing, and assembly are performed.
CLASSIFICATION The applicable subheading for the backpack will be 4202.92.3120, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports, and similar bags, with outer surface of textile materials, of man-made fibers, backpacks. The general rate of duty is 17.6 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current/. COUNTRY OF ORIGIN Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995 in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21. Paragraph (c)(1) states, “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.” Since 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, “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:
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
4202.92.15-4202.92.33 A change to subheading 4202.92.15 through 420.92.33 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.
The backpack is assembled in Cambodia from at least two components. As such, it meets the terms of the tariff shift requirement for subheading 4202.92.31 in Section 102.21(c)(2).
Accordingly, the country of origin of the subject item is Cambodia.
Articles classifiable under subheading 4202.92.31, HTSUS, which are products of Cambodia may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our website at www.cbp.gov and search for the term “GSP.”
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 or 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).
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, please contact National Import Specialist Vikki Lazaro at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division