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NY B87142




July 8, 1997

CLA-2-62:RR:NC:TA:354 B87142

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.3800; 6216.00.5420

Mr. Frank Lam
Austins Marmon Limited
29th Floor Nanyang Plaza
57 Hung To Road
Kwun Tong
Kowloon, Hong Kong

RE: The tariff classification of woven work gloves and country of origin determination; 19 CFR 102.21(c)(2) tariff shift.

Dear Mr. Lam:

In your letter dated June 5, 1997, you requested a classification and country of origin ruling on behalf of the following glove factories: Austin Gloves (Ceylon) Ltd. - Sri Lanka, P.T. Glove Perdana Garment - Indonesia, and Potaman Cambodia Ltd. - Cambodia

You have provided a sample of a woven clute cut work glove with a ribbed knit cuff, as well as samples of cut components of the glove. The work glove is constructed of a two ply woven outershell, no indication of fabric content was stated in your letter. You have stated that cut components of unspecified foreign origin will be imported into Hong Kong where the cut components will be sewn into the finished product work glove. You have questioned whether Hong Kong would be considered the country of origin for the instant merchandise.

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. ?3592) provides new rules of origin for textiles and apparel entered , or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 (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 gloves are not wholly obtained or produced in a single country, territory or insular possession, Section 102.21(c)(1) is inapplicable.

Paragraph 102.21(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":

6215-6217 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.

As the subject gloves are wholly assembled in a single country, Hong Kong, country of origin is conferred as Hong Kong.

The subject woven gloves are classified in heading 6216, Harmonized Tariff Schedule of the United States (HTSUS). If the woven outershell is in chief weight of cotton, the applicable subheading for the work glove will be 6216.00.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts: other: of cotton: other: without fourchettes. The duty rate will be 24.6 percent ad valorem. If the woven outershell is in chief weight of man-made fibers, the applicable subheading for the work glove will be 6216.00.5420, HTS, which provides for Gloves, mittens and mitts: other: of man-made fibers: other: without fourchettes: other. The duty rate will be 21.6 cents per kilogram plus 10.8 percent ad valorem.

The cotton glove falls within textile category designation 331, the man-made fiber glove falls within textile category designation 631. Based upon international textile trade agreements products of Hong Kong 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.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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