NY B88949 - Country of origin determination for knit & woven work gloves; 19 C.F.R. ?102.21(c)(2); tariff shift; Clarification of New York ruling B87142. - United States International Trade Commision Rulings

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NY B88949

September 19, 1997

CLA-2-62:RR:NC:TA:B88949

CATEGORY: CLASSIFICATION

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

RE: Country of origin determination for knit & woven work gloves; 19 C.F.R. ?102.21(c)(2); tariff shift; Clarification of New York ruling B87142.

Dear Mr. Lam:

This letter is in response to your inquiry which we received on August 22, 1997, regarding clarification of our previous ruling on the country of origin of work gloves which will be imported into the United States.

FACTS:

You indicate that the following procedures will take place:

Country A

- cutting the material into cut parts of gloves

Country B

- sewing the cut parts into finished gloves - turning the sewn finished gloves
- ironing the finished gloves
- packing the finished gloves
ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

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334 of that Act (codified at 19 U.S.C. ?3592) provides new rules of origin for textiles and apparel entered , or withdrawn from warehouse, for consumption, on and after July 1, 1996.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":

6101-6117 If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

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.

The subject gloves are classified in heading 6116 or 6216, Harmonized Tariff Schedule of the United States (HTSUS). As the subject gloves are wholly assembled in a single country, Country B, country of origin is conferred in Country B.

HOLDING:

The country of origin of the subject gloves is Country B.

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 is issued on the assumption that all of the information furnished in the 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 a 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,

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