CLA-2-62:OT:RR:NC:N3:354
Ms. Elise Shibles
Sandler, Travis & Rosenberg, P.A.
505 Sansome Street
Suite 1475
San Francisco, CA 94111
RE: Classification and country of origin determination for knit gloves; 19 CFR 102.21(c)(4).
Dear Ms. Shibles:
In your letter dated July 1, 2011, you requested a classification and country of origin determination on behalf of your client, Camelbak Products, LLC. The sample submitted will be returned.
FACTS:
The subject merchandise consists of a work glove style “Impact CT” with a synthetic leather (clarino) fabric made of 60% polyamide and 40% polyurethane on the palm side. You state the glove features a padded knuckle area, ergonomic padding on the palm, fourchettes with ventilation holes, a wrist band with a hook and loop closure and a pull loop on the inside of the wrist. The essential character of the glove is imparted by the synthetic leather portion, which is classifiable as a non-woven and non-coated fabric. You also state that there are two alternative production plans for the glove.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for style “Impact CT” will be 6216.00.5820, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gloves, mittens and mitts: other: of man-made fibers: other: with fourchettes…other. The rate of duty will be 20.7 cents per kilogram plus 10.4% 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 World Wide Web at http://www.usitc.gov/tata/hts/.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
The manufacturing operations for the glove under Plan 1 are as follows:
In Vietnam:
All parts are cut, primarily by die cutting.
Subassemblies are performed as follows:
Ergonomic padding is stitched to palm component.
Synthetic leather thumb and forefinger pieces are attached to palm components.
Knuckle panel is compressed and sewn to back of hand and finger pieces.
Synthetic suede pieces for tips of back of middle and ring fingers are attached on one side in a straight seam across the finger.
Fourchette pieces are stitched together.
Thumb pieces are attached.
Back of thumb is sewn to synthetic suede thumb part.
After the processing in Vietnam, the gloves are shipped in three sub-assemblies made up of twenty-three individual pieces. These components are sent to Korea for further and final assembly and inspection, using eleven additional components, including labeling and packing.
In Korea:
Palm part is attached to back between the wrist and the thumb and along the outside of the forefinger.
Index finger pad and cover are attached.
Back part of synthetic tip of index finger seam is sewn.
Fourchette piece is attached to back of glove between fingers.
Crotch part is sewn to back of glove.
Label is sewn.
Overlock stitch is performed on cuff.
Cuff band is attached at wrist to glove.
Pull loop is cut to length.
Hook side of hook and loop closure is sewn to cuff band, incorporating pull loop.
Loop side of hook and loop closure is sewn to cuff tab with binding.
Middle finger patch is sewn to back of hand.
Palm part and fourchette seams are sewn, attaching front and back of glove at fingers.
Cuff binding is sewn.
Gloves are trimmed and turned inside out.
Ironing and trimming is done.
Barcode sticker is attached on zipper polybag.
Gloves are inspected and packed for export.
The manufacturing operations for the glove under Plan 2 are as follows:
In Vietnam:
All parts are cut, primarily by die cutting.
Subassemblies are performed as follows:
Ergonomic padding is stitched to palm component.
Synthetic leather thumb and forefinger pieces are attached to palm components.
Knuckle panel is compressed and sewn to back of hand and finger pieces.
Synthetic suede pieces for tips of back of middle and ring fingers are attached on one side in a straight seam across the finger.
Fourchette pieces are stitched together.
Thumb pieces are attached.
Back of thumb is sewn to synthetic suede thumb part.
Palm part is attached to back between the wrist and the thumb and along the outside of the forefinger.
Index finger pad and cover are attached.
Fourchette piece is attached to back of glove between fingers.
Crotch part is sewn to back of glove.
After the processing in Vietnam, the gloves are shipped in one sub-assembly made up of twenty-three individual pieces. This component is sent to Korea for further and final assembly and inspection, using eleven additional components, including labeling and packing.
In Korea:
Back part of synthetic tip of index finger seam is sewn.
Label is sewn.
Overlock stitch is performed on cuff.
Cuff band is attached at wrist to glove.
Pull loop is cut to length.
Hook side of hook and loop closure is sewn to cuff band, incorporating pull loop.
Loop side of hook and loop closure is sewn to cuff tab with binding.
Middle finger patch is sewn to back of hand.
Palm part and fourchette seams are sewn, attaching front and back of glove at fingers.
Cuff binding is sewn.
Gloves are trimmed and turned inside out.
Ironing and trimming is done.
Barcode sticker is attached on zipper polybag.
Gloves are inspected and packed for export.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
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 that "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." As 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 that "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 that "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
6215 – 6217 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6215 through 6217 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.
(2) If the good does not consist of two or more component parts, a change to heading 6215 through 6217 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric making process.
Section 102.21(e) states that the good must be wholly assembled in a single country, territory or insular possession. Accordingly, as the glove does not meet this requirement, Section 102.21(c)(2) is inapplicable.
Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":
(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or
(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.
As the subject merchandise is neither knit to shape, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.
Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred". In both of the plans you describe, the most important assembly operations occur in Korea, as it is in this country where the majority of the assembly processes and manufacturing take place. Thus, in accordance with Section 102.21(c)(4), the country of origin of the subject glove is Korea.
HOLDING:
The country of origin of the “Impact CT” glove is Korea.
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 and 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). 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.
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 Robert Ivers at 646-733-3054.
Sincerely,
Robert B. Swierupski
Director,
National Commodity Specialist Division