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NY C86792




April 30, 1998

CLA-2-RR:NC:3:353 C86792

CATEGORY: CLASSIFICATION

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
888 Seventh Avenue
New York, NY 10108

RE: Classification and country of origin determination for a welder's top and pants; 19 CFR 102.21(c)(2); tariff shift.

Dear Mr. Zelman:

This is in reply to your letter dated April 16, 1998, on behalf of Sportsmed International, Inc., requesting a classification and country of origin determination for a welder's top and pants which will be imported into the United States. Samples of the items were supplied and are being returned to you.

FACTS:

The subject merchandise consists of two items, a welder's top or garment and a welder's overall or pants. The items are made of green heavy weight woven 100% cotton fabric. The fabric has been treated with a chemical flame retardant known as "Proban". The garments are stated to be specially designed for a welder and will be marketed as garments for a welder. Because of the flame retardant treatment, the garments will not ignite when exposed to sparks generated during the welding process.

The first item is described as a welder's garment consisting of woven 100% cotton fabric. Examination of the sample reveals a top that is hip level and designed with long sleeves without cuffs, which may be tightened at the wrists with snaps. The garment features an interior pocket, a full front opening secured by heavy duty snaps which close left over right, and a collar. The garment is designed to be worn over a worker's shirt and not against the skin.

The second item is described as a welder's overall. Examination of the sample reveals that these are full length men's pants with two front and two back pockets, a waistband, belt loops, a left over right zipper fly and snap. The item is not worn over anything, but functions as trousers when worn.

The manufacturing operations for the welder's top and pants are as follows: The fabric is produced and treated with the flame retardant in a third country. The fabric is imported into Israel and Trinidad in rolls where the fabric is cut to shape into panels, pockets and collars for the top, and panels, pockets, belt loops and waistbands for the pants. The components are then assembled by sewing and hemming.

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The classification of the welder's garment was determined in New York ruling NY C80110, dated October 29, 1997 and was 6211.32.0081, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

The pants have special fire retardant protective features and are of a type that will only be worn when engaged in welding activity. The applicable subheading for the welder's pants will be 6211.32.0081, Harmonized Tariff Schedule of the United States Annotated (HTSUSA,) which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, men's or boys': Of cotton...Other."

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

Regarding the operation in Israel, 19 CFR 102.21(a) controls the determination of the country of origin of imported textile and apparel products for purposes of the Customs laws, except for purposes of determining whether goods originate in Israel or are the growth, product, or manufacture of Israel.

19 CFR 12.130(b)states that a textile or textile product, which consists of materials produced or derived from, or processed in, more than one foreign territory or country, or insular possession of the U.S., shall be a product of that foreign territory or country, or insular possession where it last underwent a substantial transformation. A textile or textile product will be considered to have undergone a substantial transformation if it has been transformed by means of substantial manufacturing or processing operations into a new and different article of commerce.

The operations of cutting the fabric to shape and sewing it together in Israel creates a different article of commerce. The country of origin is conferred in Israel.

Regarding the operation in Trinidad, 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 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 of the foreign materials 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) in pertinent part 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":

HTSUS Tariff shift and/or other requirements

6210 - 6212 1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 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 welder's top and pants are cut and assembled in a single country, that is, Trinidad, as per the terms of the tariff shift requirement, country of origin is conferred in Trinidad.

HOLDING:

The country of origin of the welder's top and pants imported from Israel is Israel, and imported from Trinidad is Trinidad.

The welder's top and pants are free of duty from Israel provided all parts of the United States-Israel Free Trade Area Implementation Act of 1985 are met. The welder's tops and pants from Trinidad are dutiable at the rate of 8.4% ad valorem.

The welder's top and pants fall within textile category designation 359. Based upon international textile trade agreements products of Trinidad are subject to 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.

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 CFR 177.9(b)(1). This sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 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 CFR 177.2.

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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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