HQ 555455: Applicability of partial duty exemption under HTSUS subhead- ing 9802.00.80 to baby front carriers from Mexico

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 555455

                       September 18, 1989

CLA-2 CO:R:C:V 555455 GRV

CATEGORY:  CLASSIFICATION

TARIFF NO.:  9802.00.80

Mr. Raymond D. Kraus
Chief Executive
K.T. Manufacturing
325 W. 3rd Street
Sandwich, Illinois  60548

RE:  Applicability of partial duty exemption under HTSUS subhead-
     ing 9802.00.80 to baby front carriers from Mexico

Dear Mr. Kraus:

     This is in response to your letter of July 11, 1989, to our
New York Seaport office, requesting a ruling on the applicability
of subheading 9802.00.80, Harmonized Tariff Schedule of the
United States (HTSUS), to baby front carriers to be imported from
Mexico.  Samples of the various components to be exported and the
article to be imported were submitted for examination.  Your
letter was forwarded to this office for a direct reply.  Also,
your letter of August 28, 1989, containing supplemental informa-
tion was considered in this ruling.

FACTS:

     You state that some 24 components, all products of the U.S.,
will be exported to Mexico for assembly into baby front carriers.
The components include the following items:  already cut-to-
length fabric, foam pieces, trim cord, pocket liner, elastic
strips, draw strings and webbing; metal snaps and eyelets;
plastic cord, loop locks, retainers, rings, snap-hooks, two-inch
triglides (a buckle fastener designed to adjust the length of the
web straps) and bags; and, thread.  These various components will
be individually bulk packed, e.g., all cut webbing will be in one
box, for export to Mexico.  Once abroad, the boxed components
will be placed at one of 16 established assembly stations so that
the assembly operator requiring the particular component can
reach into the box and attach the necessary component to the baby
front carrier as it proceeds in assembly-line fashion to become
the completed product.

     The assembly operations entail:  (1) sewing the various
fabric, trim cord, pocket liner, elastic strips and webbing
components together, which encloses the foam pieces, draw
strings, and all plastic components, with the exception of the
cord lock and the two-inch triglides; (2) force fitting the metal
snaps and eyelets through the fabric; (3) knotting the end of
the draw string to keep the adjustable cord lock attached to the
draw string; and, (4) inserting the free ends of the webbing
through the triglides to create adjustable shoulder straps.

     The assembled product is then packaged and returned to the
U.S.

ISSUE:

     Whether the returned baby front carriers are eligible for
the partial duty exemption under HTSUS subheading 9802.00.80.

LAW & ANALYSIS:

     HTSUS subheading 9802.00.80 provides a partial duty exemp-
tion for:

     [a]rticles assembled abroad in whole or in part of fab-
     ricated components, the product of 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 such as cleaning, lubricating, and
     painting.

All three requirements of HTSUS subheading 9802.00.80 must be
satisfied before a component may receive a duty allowance.  An
article entered under this tariff provision is subject to a duty
upon the full value of the imported assembled article, less the
cost or value of the U.S. components assembled therein, provided
there has been compliance with the documentation requirements of
section 10.24, Customs Regulations (19 CFR 10.24).

     "Assembly" operations for purposes of HTSUS subheading
9802.00.80 mean the fitting or joining together of fabricated
components, such that the components are in a fixed relationship
to each other.  Acceptable assembly operations are interpreted at
section 10.16(a), Customs Regulations (19 CFR 10.16(a)), which
specifically enumerates sewing and force fitting as acceptable
means of assembly.  Components which are not securely joined or
fitted together with other components are not eligible for the
partial duty exemption.  However, this does not operate to dis-
qualify those components which meet the requirements of the
statute.

     In the instant case, an examination of the fully assembled
product shows that all of the U.S. components exported will be
eligible for the duty exemption available under HTSUS subheading
9802.00.80.  All of the components are finished products of the
U.S. as exported and are capable of immediately entering into the
assembly process to make the imported front baby carriers.  Once
abroad, 22 of the various components will be sewn or force fitted
together so that their respective positions relative to each
other are fixed.  The sewing and force fitting operations consti-
tute acceptable assembly operations as they are specifically
enumerated at 19 CFR 10.16(a).  Regarding the knotting operation,
after the plastic, adjustable cord lock is slid over the draw
string, the draw string is knotted to keep the adjustable cord
lock securely attached to the draw string.  Moreover, inserting
the free ends of the webbing thru the dual openings of the
triglide component--creating adjustable shoulder straps-- serves
to securely attach the triglides to the webbing.  We are satis-
fied in this case that these latter two operations constitute
acceptable methods to join together solid components within the
meaning of 19 CFR 10.16(a), as the components concerned are
attached and held in a fixed relationship to each other.

     As the U.S. components will not lose their physical identi-
ties in the assembled article and will not be advanced in value
or improved in condition except by assembly operations and opera-
tions incidental thereto, the returned front baby carriers will
be eligible for the partial duty exemption under HTSUS subhead-
ing 9802.00.80.

HOLDING:

     On the basis of the described foreign operation and after
viewing the samples submitted, the front baby carriers will be
eligible for the partial duty exemption under HTSUS subheading
9802.00.80 when returned to the U.S., upon compliance with the
documentary requirements of 19 CFR 10.24.

                              Sincerely,






                              John Durant, Director
                              Commercial Rulings Division