The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of handbags from Nicaragua.

N251813 April 23, 2014 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.22.8050 Chris Howell The Pulsera Project 870 Duvall Street Charleston, SC 29412 RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of handbags from Nicaragua. Dear Mr. Howell: In your letter dated March 11, 2013, you requested a ruling on the status of handbags from Nicaragua under the DR-CAFTA. Your first sample, which is referred to as style A, is a handbag constructed with an outer surface of man-made textile materials. The bag is designed and sized to contain the small personal effects normally carried on a daily basis. It has one shoulder strap, a top zippered opening, a front zippered pocket, and textile linings. It measures approximately 6” (W) x 7.5” (H) x 0.25” (D). You indicated in your original request that style A is sewn in Nicaragua. The fabric of the body of the bag is extruded and spun in Guatemala. The fabric of the pocketing (we assume you are referring to the linings) and the zippers are also made in Guatemala. According to the information you have provided, the bag is wholly manufactured, produced, and assembled in Nicaragua and Guatemala. Style B is a handbag constructed with an outer surface of man-made textile materials. The bag is designed and sized to contain the personal effects normally carried on a daily basis. It has one shoulder strap, a top opening with a hook-and-loop closure, a front zippered pocket, and textile linings. It measures approximately 6.5” (W) x 9” (H) x 0.25” (D). Style B is constructed from fabric that is hand-woven in Nicaragua from fibers that are extruded and spun in Guatemala. The zippers and hook-and-loop fasteners are constructed in Guatemala from Guatemalan components. The fabric binding is made and stamped in Nicaragua. There is a textile tag sewn onto the front of the bag that is manufactured and printed in Nicaragua. According to the information you have provided, the bag is wholly manufactured, produced, and assembled in Nicaragua and Guatemala. The applicable subheading for the handbags will be 4202.22.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, other. The general rate of duty will be 17.6 percent ad valorem. General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if— (i)the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement; (ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and— (A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or (B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note; and the good satisfies all other applicable requirements of this note; or (iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials. Based on the facts provided, the goods described above qualify for DR-CAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 29(b)(i). The goods will therefore be entitled to a Free rate of duty under the DR-CAFTA upon compliance with all applicable laws, regulations, and agreements. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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, contact National Import Specialist Vikki Lazaro at vikki.lazaro@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division