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NY C88245


June 17, 1998

CLA-2-61:RR:NC:TA:354 C88245

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800

Mr. John B. Pellegrini

Ross & Hardies

Park Avenue Tower

65 East 55th Street

New York, New York 10022-3219

RE: Country of origin determination of gloves; 19 C.F.R. §102.21 (c) (2); tariff shift.

Dear Mr. Pellegrini:

This is in reply to your letter dated May 18, 1998, requesting a country of origin determination of gloves which will be imported into the United States, on behalf of Paris Accessories, Inc. Three samples of both the unfinished and finished products were submitted to this office for examination.

FACTS:

The three submitted samples are man-made fiber string-knit gloves. Style 85-643 is unlined and features a rolled under textured knit cuff. Styles 85-633 and 85-653 feature sewn-in insulated linings, with style 85-633 featuring a rolled under flared knit cuff and style 85-653 featuring a cable knit design on the backside knuckle area and a rolled over ribbed knit cuff. The manufacturing operations are as follows:

TAIWAN:

- gloves are knit to shape.

VIETNAM:

- gloves are separated piece by piece;

- lining material for styles 85-633 and 85-653 is cut and
sewn and assembled to the knit shell;

- the fingers closed and cuffs hemmed;

- gloves finished by brushing, steaming, and inspecting;

- labels and hangtags are attached.

ISSUE:

What is the proper country of origin for the subject merchandise?

LAW AND ANALYSIS:

HOLDING:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 (c)(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 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 (3) If the good is knit to shape, a change to
heading 6101 through 6117 from any heading outside
that group, provided that the knit-to-shape
components are knit in a single country,
territory, or insular possession.

The subject gloves, referenced style numbers 85-643, 85-633 and 85-653, are classifiable in heading 6116, HTSUSA, and are composed of a man-made fiber yarn in a heading in either chapter 54 or 55. As such, the terms of the tariff shift are met. As the merchandise is knit-to-shape in a single country, the country of origin of the subject gloves, is the country in which the knit-to-
shape components are knit, that is, Taiwan.

The applicable subheading for the gloves will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 19.3 percent ad valorem.

The gloves fall within textile category designation 631. Based upon international textile trade agreements products of Taiwan 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.

Accordingly, provided that you are importing the virtually identical merchandise and manufacturing that merchandise as per the facts indicated in this ruling, the country of origin of the subject gloves is Taiwan.

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, 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 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.

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,


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