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NY 882427




February 12, 1993

CLA-2-62:S:N5:354 882427

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020

Mr. Robert E. Boehme
Bike Athletic Company
P.O. Box 666
Knoxville, TN 37901-0666

RE: The tariff classification of football compression girdles from Jamaica.

Dear Nr. Boehme:

In your letter dated January 15, 1993, you requested a classification ruling.

Your submitted samples styles 7648, 7649 and 7658 are men's and youth 92% nylon and 8% spandex knit compression girdles. All styles have been constructed with front and rear panels oriented so that the lateral fabric stretch is minimal which enhances the body supporting characteristics. The garments are designed for use as support girdles in the sport of football and feature internal pockets to hold hip and thigh pads in place in a proper hitting position. The pads are sold separately from the garments. Style 7648 is the sized for men and reaches mid-thigh, style 7649 is the same item in youth's sizes and style 7658 is the men's, long leg version.

Subheading 9802.00.80, HTSUS, provides a partial duty exemption for:

[a]rticles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape, or otherwise, and (c) have not been advanced in value or improved in condition abroad except by operations incidental to the assembly process such as cleaning, lubricating, and painting.

Articles entered under this tariff provision are subject to a duty upon the full value of the imported assembled articles, less the cost or value of the U.S. components assembled therein, provided there has been compliance with the documentation requirements of section 10.24, Customs Regulations (19 CFR 10.24), copy enclosed. The exemption applies only to fabricated components of U.S. origin, and the fact that components were purchased in the U.S. is insufficient, by itself, to establish that they were produced in the U.S.

Section 10.14 (a), Customs Regulations (19CFR 10.14 (a)), states in part that:

(t)he components must be in condition ready for assembly without further fabrication at the time of their exportation from the United States to qualify for the exemption. Components will not lose their entitlement to the exemption by being subjected to operations incidental to the assembly either before, during, or after their assembly with other components.

Section 10.16 (a), Customs Regulations (19 CFR 10.16 (a)), provides that the assembly operation performed abroad may consist of any method used to join or fit together solid components, such as welding, soldering, riveting, force fitting, gluing laminating, sewing, or the use of fasteners.

"Assembly" operations for purposes of HTSUS subheading 9802.00.80 mean the fitting or joining together of fabricated components, such that the components are in a fixed relationship to each other. Acceptable assembly operations are interpreted at section 10.16 (a), Customs Regulations (19 CFR 10.16 (a)), which specifically enumerates sewing as an acceptable means of assembly. In Headquarters Ruling Letter 556177 dated December 9, 1991, we held that U.S. textile, hemmed and fitted with straps and grommets attached abroad by a crimping process were eligible for the partial exemption under subheading 9802.00.80, HTSUS. Further, assembly operations, may be preceded, accompanied, or followed by operations of a minor nature which are incidental to assembly. See, 19 CFR 10.16 (b).

Accordingly, allowances in duty may be made for fabricated Components of U.S. origin which are assembled abroad by sewing to form girdles, upon compliance with the documentation requirements of 19 CFR 10.24.

The applicable subheading for styles 7648, 7649 and 7658 will be 6212.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: girdles and panty-girdles, of man-made fibers. The duty rate will be 25 percent ad valorem.

Styles 7648, 7649 and 7658 fall within textile category designation 649. Based upon international textile trade agreements, products of Jamaica are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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