HQ 958786: Country of origin determination; Section 102.21, CustomsRegulations; backpacks.

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 958786
                           May 24, 1996
CLA-2 RR:TC:TE 958786 SK

CATEGORY: Classification

Melvin S. Mogil
California Innovations, Inc.
4211 Yonge Street, Suite 610
Willowdale, On Canada M2P 2A9

RE:  Country of origin determination; Section 102.21, Customs
Regulations;   backpacks.

Dear Mr. Mogil:

     This is in response to your letter of January 4, 1996, in
which you request a country of origin determination for backpacks
identified as "BACKPACK PLUS FOR KIDS" and "DAYPACK PLUS." A
sample of a completed backpack was submitted to this office for
examination. 

FACTS:
  
     The subject articles are designed in the manner of
traditional backpacks (i.e. to be worn on the back with
adjustable, padded straps fitted over the wearer's shoulders). 
The backpacks' outer surfaces are of man-made textile materials. 
They feature three-sided zipper closures which secure their main
compartments.  The backpacks also feature exterior compartments
which have zipper closures.  The bottom exterior compartment
attaches to the main part of the backpack by means of hook and
loop strips and textile braided adjustable straps.  This exterior
compartment also functions as a detachable insulated cooler.  The
backpacks are classifiable under subheading 4202.92.3020, HTSUSA,
which provides for, inter alia, "[T]ravel, sports and similar
bags: with outer surface of textile materials: other... other: of
man-made fibers: backpacks." 

     The following information was provided regarding the subject
merchandise's manufacturing operations:

1)   Approximately 89.5% of the raw materials that comprise these
products are   purchased in Taiwan; 

2)   Approximately 10.5% of the raw materials that comprise these
products are   purchased in China (we note that no specific
itemization of which components    and/or fabrics were sourced in
Taiwan or China was provided, nor was        information provided
as to where the fabrics comprising these articles were      formed);  

3)   The raw materials that are purchased in Taiwan are cut in
Taiwan;

4)   In China, the backpacks are assembled to completion.

ISSUE:

     What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

     Pursuant to the Uruguay Round Agreements Act, new rules of
origin will be effective for textile products entered, or
withdrawn from warehouse for consumption, on or after July 1,
1996.  These rules were published in the Federal Register, 60
Fed. Reg. 46188 (September 5, 1995).  Section 102.21, Customs
Regulations (19 CFR Section 102.21), sets forth the general rules
which determine country of origin.  The country of origin of a
textile product will be determined by a hierarchy of rules set
forth in paragraphs (c)(1) through (c)(5) of Section 102.21.  

     Section 102.21(c)(1) sets forth the general rule for
determining the country of origin of a textile product in which
the good is wholly obtained or produced in a single country,
territory, or insular possession.  

     Section 102.21(c)(2) provides for instances where the
country of origin of a textile product cannot be determined under
Section 102.21(c)(1).  Section 102.21 (c)(2) provides:

          "[W]here 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 foreign material
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 country,
territory or insular possession in which occurs "[A] change to
subheading 4202.92.15 through 4202.92.30 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,"
will be the country of origin for the textile article.  As stated
supra, the subject backpacks are classifiable under subheading
4202.92.3020, HTSUSA.  The cut fabric pieces and components
imported from Taiwan into China are classifiable in a different
heading than 4202, HTSUSA, and the backpacks are wholly assembled
in China.  Accordingly, based on the facts stated above,
effective July 1, 1996, the country of origin of the "BACKPACK
PLUS FOR KIDS" and "DAYPACK PLUS" will be China.

HOLDING:

     The country of origin of the "BACKPACK PLUS FOR KIDS" and
"DAYPACK PLUS" is China.

     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 is issued
on the assumption that all of the information furnished in the
ruling letter, either directly, by reference, or by implication,
is accurate and complete in every material respect.

     Should it be subsequently determined that the information
furnished is not complete and does not comply with 19 CFR
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 CFR 177.2.


                                   Sincerely,

     
                                   John Durant, Director
                              Tariff Classification Appeals
Division