Bowling Ball Carrier Parts; Subheadings 3926.90.9880 and 6307.90.9889, HTSUSA; Country of Origin; Marking.

HQ 964717 January 28, 2002 CLA-2 RR:CR:TE 964717 jsj CATEGORY: Classification TARIFF NO.: 3926.90.9880 6307.90.9889 Ms. Sherie Micklei 1250 Scottsville Road Suite 3 B Rochester, New York 14624 Re: Bowling Ball Carrier Parts; Subheadings 3926.90.9880 and 6307.90.9889, HTSUSA; Country of Origin; Marking. Dear Ms. Micklei: The purpose of this correspondence is to respond to your request on the behalf of Mead-Link Products, Inc. for a binding classification ruling of the merchandise described as bowling ball bag or bowling ball carrier parts. This ruling is being issued subsequent to the following: (1) A review of your submission received by the Customs Service on November 15, 2000; (2) An examination of the samples; and (3) An examination of photographs of completely assembled two-ball, three-ball and four-ball bowling ball carriers. The samples received by Customs included only the two-ball and four-ball bowling ball carriers. This ruling will only classify the parts of the two-ball and four-ball bowling ball carriers. Customs did not receive a description or sample of the three-ball carrier. The Customs Service is advised by Mead-Link’s Customs Broker that all of the textile articles are products of Sri Lanka and all of the plastic or plastic and metal articles are products of Korea. Customs has additionally been advised that the plastic or plastic and metal, and the textile articles will be “imported separately” which the Customs Service understands to mean that the articles will be imported in separate shipments. FACTS The articles in issue are two-ball and four-ball bowling ball carriers. The Customs Service has not been advised of item or style numbers and will, therefore, refer to the respective articles as the two-ball carrier and the four-ball carrier. Two-Ball Carrier: The two-ball carrier has two primary components: plastic or plastic and metal collectively referred to as plastic components, and textile components. Plastic Components. The wheelbase chassis consists of a solid plastic base with an interior formed to hold two bowling balls. The base also includes a molded plastic bottom strut or stand designed to allow the carrier to rest up-right, a metal bar that runs through the lower part of the base on which two plastic wheels are attached and a spring-loaded, retractable metal extension handle with a plastic grip. Two plastic bowling ball carrier cups designed to keep the bowling balls secure during transport are imported with the wheelbase and will be attached to the base. Textile Components of Man-Made Textile Fibers. The textile carrying case is made of man-made polyester or nylon woven material backed with plastic sheeting. The case measures approximately eighteen and one-half (18 ½) inches in length, nine (9) inches in width and ten and one-half (10 ½) inches in depth and has a three-quarter, wrap-around zipper closure on its top. The case has four exterior pockets, one on the top of the top zipper opening, a second pocket on one end and two on one side of the case. Three of the pockets close by means of zippers and one by means of a hook and loop fastener system. A flap on the interior top, located below the zipper opening is composed of a man-made textile fiber, has two open-ended pockets and an interior sheeting of hard plastic. The end of the case that does not have a pocket also has a molded plastic sheeting between the textile outer and interior surfaces. Three sides of the case have a plastic foam lining. A two-ball interior cuff or ball separator composed of man-made textile fibers with a padded lining detaches from the carrying case. The cuff or ball separator attaches to the case by means of two six (6) inch long hook and loop fastener systems, one on each end of the divider. The case has a man-made textile handle that extends from both sides of the carrying case and two “D” rings for attaching a shoulder strap. It is accompanied by a padded shoulder strap composed of adjustable man-made textile webbing with metal hooks on each end. It is specifically noted that the carrying case does not have a bottom. The carrying case, subsequent to importation will be sewn onto the molded plastic base. The end of the case that does not have a pocket will be riveted to the plastic bottom strut on the base. The name “Ebonite” and a logo are embroidered on the side pocket and the logo is embroidered on the end pocket. Four-Ball Carrier: The four-ball carrier has two separate and distinct accumulations of plastic or plastic and metal, collectively referred to as plastic components, and two separate and distinct textile components. The four-ball carrier, when assembled, is a two-ball carrier with a wheelbase and a partially retractable metal and plastic handle, and an entirely detachable, separate two-ball carrier that is designed to fit firmly onto a strut assembly that is part of the wheelbase. The two-ball carrier that rests on the strut assembly has a molded plastic base that, in addition to securing to the strut assembly, attaches to the wheelbase by means of an adjustable woven strap with a plastic clip that wraps around the two-ball carrier. Each of the individual two-ball carriers that make-up the four-ball carrier may be used separately, but are designed to be used together. The two-ball carrier that is permanently attached to wheelbase is designed to be accompanied by the detachable two-ball carrier. Plastic Components. The plastic components of the wheelbase two-ball carrier consist of a molded plastic base with an interior formed to hold two bowling balls and a retractable metal extension handle with a plastic grip. The base has a molded plastic bottom strut or stand that has two plastic pipes that extend from the base into the strut. The strut is designed to allow the carrier to rest up right. A metal bar runs through the lower part of the base on which three plastic wheels are attached. The base also includes a ball separator that fits onto the molded plastic base. A second strut assembly attaches by means of two plastic pipes to the upper-most part of the molded plastic base. A metal rod designed to retain the detachable two-ball carrier is affixed to the end of the strut assembly. The only plastic component of the detachable two-ball carrier is a molded plastic base. The base has an interior formed to hold two bowling balls. The exterior bottom has four small legs, one on each corner designed to enable the carrier to rest on the ground when it is not attached to the wheelbase two-ball carrier. The exterior bottom also has two molded, plastic “U” shaped fittings that enable it to be secured to the second strut assembly pipes. Textile Components of Man-Made Textile Fibers. The textile component of the wheelbase two-ball carrier consists of a carrying case of man-made polyester or nylon woven material with a hard plastic sheeting insert and plastic foam. The case measures eighteen (18) inches wide, nine (9) inches deep and ten (10) inches from top to bottom. It has a three-quarter, wrap-around zipper closure on its front. The front of the carrier is the side that is opposite the wheelbase handle. The carrier has four pockets, two on the front flap that opens outward to permit access to the bowling balls and one pocket on each side of the case. All of the pockets close by means of zippers. Certain aspects of the carrying case are padded with plastic foam and the top, both sides and the bottom have a molded plastic sheeting that provides the case with form. Three handles of man-made textile material are located, on the top of the carrier in the center and on each end. It is specifically noted that the carrying case has an open back. The case, subsequent to importation, will be sewn and riveted onto the molded plastic wheelbase and the struts. The name “Ebonite” and a logo are embroidered on the outermost front pocket. The textile component of the detachable two-ball carrier is made of man-made polyester or nylon woven material with a hard plastic sheeting insert. The case measures approximately eighteen and one-half (18 ½) inches in length, nine (9) inches in width and eleven and one-half (11 ½) inches in depth. It has a three-quarter, wrap-around zipper closure on its top. The case has one pocket on the top of the top zipper opening. Two additional pockets are located inside the top pocket. A molded plastic sheeting insert and plastic foam is found between the textile outer and interior surfaces of the front, back and both sides. A flap of man-made textile material, which encloses a thin sheet of hard, molded plastic, is located at the top of the container. A plastic foam padded center divider folds to either side. The case has a man-made textile handle that extends from both sides of the carrying case. Two “D” rings for attaching a shoulder strap are located on the ends of the carrying case. The carrier is accompanied by a padded shoulder strap composed of adjustable man-made webbing with metal hooks on each end. It is specifically noted that the detachable two-ball carrying case does not have a bottom. The carrying case, subsequent to importation, will be sewn onto the molded plastic base. The detachable two-ball carrying case will not be permanently attached to the wheelbase two-ball carrier. The molded plastic base is specifically designed with two molded “U” shaped fittings on which the base may rest firmly on the strut assembly. A man-made textile woven strap wraps around the detachable two-ball carrier and secures it to the wheelbase carrier. A detachable tri-fold pocket is attached to the front of the detachable two-ball carrier by means of two strips of hook and loop fasteners. The case is thirteen and one-half (13 ½) inches wide and eighteen and one-half (18 ½) inches long when fully opened. The tri-fold pocket has two interior pockets, one composed of a man-made textile mesh that closes through the use of a zipper and another composed of a solid man-made textile material that closes through the use of a hook and loop fastener system. The tri-fold pocket secures folded closed by means of a hook and loop fastener system. The name “Ebonite” and a logo are embroidered on the exterior of the tri-fold pocket. The logo is also embroidered on the exterior of the top pocket. ISSUES What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of the above-described plastic and textile components of the two-ball and four-ball bowling ball carriers ? What is the country of origin marking requirements of the two-ball and four-ball bowling ball carriers when assembled subsequent to importation ? LAW AND ANALYSIS Classification The federal agency responsible for initially interpreting and applying the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is the U.S. Customs Service. The Customs Service, in accordance with its legislative mandate, classifies imported merchandise pursuant to the General Rules of Interpretation (GRI) and the Additional U.S. Rules of Interpretation. General Rule of Interpretation 1 provides, in part, that classification decisions are to be “determined according to the terms of the headings and any relative section or chapter notes.” General Rule of Interpretation 1. General Rule of Interpretation 1 further states that merchandise which cannot be classified in accordance with the dictates of GRI 1 should be classified pursuant to the other General Rules of Interpretation, provided the HTSUSA chapter headings or notes do not require otherwise. According to the Explanatory Notes (EN), the phrase in GRI 1, “provided such headings or notes do not otherwise require,” is intended to “make it quite clear that the terms of the headings and any relative Section or Chapter Notes are paramount.” General Rules for the Interpretation of the Harmonized System, Rule 1, Explanatory Note (V). The Explanatory Notes constitute the official interpretation of the Harmonized System at the international level. See Joint Explanatory Statement supra note 2, at 549. The Explanatory Notes, although neither legally binding nor dispositive of classification issues, do provide commentary on the scope of each heading of the HTSUS. The EN’s are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989); Lonza, Inc. v. United States, 46 F. 3rd 1098, 1109 (Fed. Cir. 1995). Commencing classification of the articles that comprise the two-ball and four-ball bowling ball carriers in accordance with the dictates of GRI 1, the Customs Service examined the headings of the HTSUSA. Customs review of the headings of the HTSUSA did not establish any heading that specifically described the respective plastic and textile components of the two-ball and four-ball bowling ball carriers. Customs particularly notes that the two-ball and four-ball bowling ball carriers will not be imported in completed condition. The bowling ball carriers will be imported in separate shipments of textile components and plastic components. Customs, absent a provision in the tariff schedule to the contrary, is required to classify merchandise in the condition in which it is imported. See Sarne Handbags Corp. v. United States, 100 F. Supp. 2d. 1126, (C.I.T. 2000); Heartland By-Products, Inc. v. United States, 74 F. Supp. 1324, 1341 (C.I.T. 1999) citing Worthington v. Robbins, 139 U.S. 337, 341 (1891). The articles that will be assembled subsequent to importation to complete the two-ball carrier include: (1) The molded plastic wheelbase which also includes two plastic bowling ball cups and the retractable plastic and metal handle; and (2) The unfinished textile carrying case, including the interior ball or cuff separator. The imported articles that constitute the components of the four-ball carrier include: (1) The molded plastic wheelbase which includes two strut assemblies and the retractable plastic and metal handle; (2) The molded plastic base of the detachable two-ball carrier; (3) The unfinished textile carrying case to be sewn and riveted to the molded plastic wheelbase; (4) The unfinished textile carrying case to be sewn to the molded plastic base of the detachable two-ball carrier; and (5) The detachable tri-fold pocket. The Customs Service, having determined that all of the articles under consideration in this ruling letter cannot be classified together pursuant to GRI 1, examined GRI 2. General Rule of Interpretation 2 is divided into two subparagraphs, GRI 2 (a) and GRI 2 (b). General Rule of Interpretation 2 (a) provides that any reference in an HTSUSA heading to an article “shall be taken to include a reference to that article incomplete or unfinished.” GRI 2 (a) requires, however, that the incomplete or unfinished article have the “essential character” of the complete or finished article. The issue to be addressed is whether the articles to be imported by Mead-Link Products have the “essential character” of completed or finished products and should, therefore, be classified pursuant to GRI 2(a) as if they were goods in their completed or finished state. The General Rules of Interpretation do not define the phrase “essential character.” Its meaning may, however, be understood from an examination of the Explanatory Notes to GRI 2(a). Completed bowling ball carriers are classified in heading 4202, HTSUSA. Heading 4202, HTSUSA, provides for the classification of: Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber, or of paperboard, or wholly or mainly covered with such materials or with paper. (Emphasis added.). Additional U.S. Note 1 of Chapter 42 provides a definition of the phrase “sports bags.” The expression “travel, sports and similar bags” means “goods…of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading, but does not include binocular cases, camera cases, musical instrument cases, bottle cases and similar containers.” Chapter 42, HTSUSA, Additional U.S. Note 1. An examination of the instant two-ball and four-ball bowling ball carrier components, in the condition in which they will be imported, reveals articles that do not yet have the essential character of goods of a kind designed for carrying clothing and other personal effects during travel. The only exception to this conclusion is the detachable tri-fold pocket of the detachable two-ball bowling ball carrier. The classification of this item will be addressed separately. The Customs Service, following a line of reasoning employed for many years, concludes that the merchandise in issue lacks the essential character of “sports bag” of heading 4202, HTSUSA, because it cannot yet function as a container. The bowling ball bag components do not, in the condition in which they will be imported, have the capability of carrying clothing and other personal effects. See HQ 958915 (Feb. 27, 1996), HQ 959178 (June 24, 1996), HQ 960883 (April 27, 1998). Since neither the plastic components nor the textile components of the two-ball or four-ball bowling ball carriers have the essential character of “sports bags,” they may not be classified together in heading 4202, HTSUSA. Since the plastic and textile components will also be imported in separate shipments, the Customs Service must classify the articles individually. The plastic and metal components of the two-ball and four-ball bowling ball carriers are composite goods of different materials classified pursuant to GRI 3 (b). The components are prima facia classifiable in heading 3926, HTSUSA, as other articles of plastic, and in heading 7326, HTSUSA, as other articles of iron or steel. The plastic and metal components “are attached to each other to form a practically inseparable whole.” See General Rules for the Interpretation of the Harmonized System, Rule 3 (b), Explanatory Note (IX). The plastic component provides the items with their predominate value, weight and bulk, and, thereby, gives the items their essential character. Completing the classification of the plastic components of both bowling ball carriers, the articles are classified in subheading 3926.90.9880, HTSUSA. Subheading 3926.90.9880, HTSUSA, provides for: Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other; Other. The plastic base of the detachable two-ball carrier of the four-ball bowling ball carrier is classified pursuant to GRI 1. The base is classified in subheading 3926.90.9880, HTSUSA. The textile components of the two-ball and four-ball bowling ball carriers are classified pursuant to GRI 1 in heading 6307, HTSUSA. Completing the classification of the textile components of both bowling ball carriers, the articles are classified in subheading 6307.90.9889, HTSUSA. Subheading 6307.90.9889, HTSUSA, provides for: Other made up articles, including dress patterns: Other: Other: 6307.90.98 Other; Other: 6307.90.9889 Other. The detachable tri-fold pocket of the detachable two-ball bowling ball carrier is classified pursuant to General Rule of Interpretation 3 (b). It is part of a composite good made up of different components, the tri-fold pocket and the carrier. The detachable tri-fold pocket is classifiable in heading 4202, HTSUSA, as a textile co