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NY D80533


August 5, 1998

CLA-2-RR:NC:3:353 D80533

CATEGORY: CLASSIFICATION

Ms. Jenny Gilles

Babykins Products (1992) Ltd.

8171 Seafair Dr.

Richmond, British Columbia

V7C 1X3

Canada

RE: Classification and country of origin determination for an incontinent pull on pant; 19 C.F.R. §102.21(c)(2); tariff shift.

Dear Ms. Gilles:

This is in reply to your letter dated June 15, 1998, requesting a classification and country of origin determination for an incontinent pull on pant which will be imported into the United States. Samples of the item in its unassembled and finished state were provided.

FACTS:

The subject merchandise consists of style 10300 adult nylon pull on pant. The item is made of 100% woven nylon that is fully coated on the inside with waterproof vinyl. The waist and leg openings have and elastic lycra binding. The item is made to use over adult cloth diapers. The pant is waterproof and the tight binding keeps moisture from transferring to outer clothing.

The manufacturing operations for the style 10300 adult nylon pull on pant are as follows:

TAIWAN

Coated nylon fabric is formed.

CANADA

Coated nylon fabric is cut into main pant piece. Lycra material is formed and cut into three pieces for the openings. The four pieces are sewn together to complete the item.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the style 10300 adult nylon pull on pant will be 6210.50.5055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Garments, made up of fabrics of heading 5602, 5603, 5903 or 5907: Other women's or girls' garments: Of man-made fibers: Other...Other." The rate of duty will be 7.4% ad valorem.

Customs has previously established that a person suffering from chronic incontinence is "physically handicapped" within the meaning of U.S. Note 4(a), subchapter XVII, Chapter 98 HTSUS. Therefore, style 10300 adult nylon pull on pant is eligible for free entry under subheading 9817.00.96, HTS, which provides for "Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the foregoing articles: Other."

COUNTRY OF ORIGIN - 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 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 style 10300 adult nylon pull on pant is assembled in a single country, that is, Canada, as per the terms of the tariff shift requirement, country of origin is conferred in Canada.

HOLDING:

The country of origin of the style 10300 adult nylon pull on pant is Canada. Products of Canada are not subject to quota or the requirement of a visa.

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 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 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.

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,


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