CLA-2-61:RR:NC:TA:354 C88245
Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, New York 10022-3219
RE: Country of origin determination of gloves; 19 C.F.R. §102.21 (c) (2);
tariff shift.
Dear Mr. Pellegrini:
This is in reply to your letter dated May 18, 1998, requesting a country of
origin determination of gloves which will be imported into the United States, on
behalf of Paris Accessories, Inc. Three samples of both the unfinished and
finished products were submitted to this office for examination.
FACTS:
The three submitted samples are man-made fiber string-knit gloves. Style
85-643 is unlined and features a rolled under textured knit cuff. Styles 85-633
and 85-653 feature sewn-in insulated linings, with style 85-633 featuring a
rolled under flared knit cuff and style 85-653 featuring a cable knit design on
the backside knuckle area and a rolled over ribbed knit cuff. The manufacturing
operations are as follows:
TAIWAN:
- gloves are knit to shape.
VIETNAM:
- gloves are separated piece by piece;
- lining material for styles 85-633 and 85-653 is cut and
sewn and assembled to the knit shell;
- the fingers closed and cuffs hemmed;
- gloves finished by brushing, steaming, and inspecting;
- labels and hangtags are attached.
ISSUE:
What is the proper country of origin for the subject merchandise?
LAW AND ANALYSIS:
HOLDING:
On December 8, 1994, the President signed into law the Uruguay Round
Agreements Act. Section 334 of that Act provides new rules of origin for
textiles and apparel entered, or withdrawn from warehouse, for consumption, on
and after July 1, 1996. On September 5, 1995, Customs published Section 102.21,
Customs Regulations, in the Federal Register, implementing Section 334 (60 FR
46188). Thus, effective July 1, 1996, the country of origin of a textile or
apparel product shall be determined by sequential application of the general
rules set forth in paragraphs (c)(1) through (c)(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 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) 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":
6101-6117 (3) If the good is knit to shape, a change to
heading 6101 through 6117 from any heading outside
that group, provided that the knit-to-shape
components are knit in a single country,
territory, or insular possession.
The subject gloves, referenced style numbers 85-643, 85-633 and 85-653, are
classifiable in heading 6116, HTSUSA, and are composed of a man-made fiber yarn
in a heading in either chapter 54 or 55. As such, the terms of the tariff shift
are met. As the merchandise is knit-to-shape in a single country, the country
of origin of the subject gloves, is the country in which the knit-to-
shape components are knit, that is, Taiwan.
The applicable subheading for the gloves will be 6116.93.8800, Harmonized
Tariff Schedule of the United States (HTS), which provides for Gloves, mittens
and mitts, knitted or crocheted: other: of synthetic fibers: other: other:
without fourchettes. The duty rate will be 19.3 percent ad valorem.
The gloves fall within textile category designation 631. Based upon
international textile trade agreements products of Taiwan are subject to quota
and the requirement of a visa.
The designated textile and apparel categories may be subdivided into parts.
If so, visa and quota requirements applicable to the subject merchandise may be
affected. Part categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To obtain the most
current information available, we suggest that you check, close to the time of
shipment, the Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available for inspection
at your local Customs office.
Accordingly, provided that you are importing the virtually identical
merchandise and manufacturing that merchandise as per the facts indicated in
this ruling, the country of origin of the subject gloves is Taiwan.
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 C.F.R. §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.
Should it be subsequently determined that the information furnished is not
complete and does not comply with 19 C.F.R. §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
C.F.R. §177.2.
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 Brian Burtnik at 212-
466-5880.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division