CLA-2-61:OT:RR:NC:N3-354
Mr. Troy Clarke
CBT International, Inc.
249 East Ocean Blvd., Ste. 650
Long Beach, CA 90802
RE: The tariff classification and status under the United States-Korea Free Trade Agreement (UKFTA), of a pair of gloves from Korea.
Dear Mr. Clarke:
In your letter dated January 22, 2016 you requested a ruling on behalf of your client, Ringers Gloves, on the classification and the status of a pair of gloves from Korea under the UKFTA.
A sample of the gloves, Model R, was submitted. The sample will be returned under separate cover. You describe the manufacturing process as follows:
High Performance Polyethylene (HPPE) monofilament is produced in China, then shipped to Korea.
The polyethylene monofilament is then core spun with nylon staple fibers in Korea.
This core spun yarn is then spun with a fiberglass yarn to create a multiple (or cabled) yarn with a fiber content of 67% HPPE, 7% nylon and 26% glass fiber. This operation occurs in Korea.
The cabled yarn is then knitted into a glove in Korea and the glove is dipped in nitrile in Korea.
The nitrile coating is on the outer surface and covers the entire palm and, also, overlaps the backside fingertips and sides of the wearer’s hand and fingers. You state that the yarns make up 55% of the weight of the glove and the nitrile makes up 45% of the weight.
The applicable tariff provision for the gloves will be 6116.10.6500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[g]loves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber, other, without fourchettes, other, other”. The general rate of duty will be 7% percent ad valorem.
General Note 33, HTSUS, sets forth the criteria for determining whether a good is originating under the UKFTA. General Note 33(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), (n) and (o) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good of a UKFTA country under the terms of this note if–
the good is wholly obtained or produced entirely in the territory of Korea or of the United States, or both;
the good is produced entirely in the territory of Korea or of the United States, or both, and—
(A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (o) of this note; or
(B) the good otherwise satisfies any applicable regional value-content or other requirements set forth in such subdivision (o); and
satisfies all other applicable requirements of this note and of applicable regulations
General Note 33 (o), HTSUS, states in subdivision (61) (37) that a material of foreign origin may qualify under UKFTA if each nonoriginating material used in the production of the good undergoes the following change in tariff classification:
A change to headings 6113 through 6117 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308, 5310 through 5311 or 5401 through 5402, subheadings 5403.33 through 5403.39 or 5403.42 through heading 5408 or headings 5508 through 5516 or 6001 through 6006, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of Korea or of the United States, or both.
The material of foreign origin is the HPPE filament yarn that makes up the core of the core spun yarn. This is classified under Harmonized Tariff Schedule (HTS) heading 5402. Based on the facts provided, the gloves do not qualify for UKFTA preferential treatment, because none of the above requirements are met.
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 K. Lenore Calabrese at [email protected].
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to U.S. Customs and Border Protection, Regulations & Rulings, 90 K Street N.E. – 10th floor, Washington, DC 20229-1177.
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division