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NY F89398




August 7, 2000

CLA-2-62:RR:NC:3:353 F89398

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Barry Roseth
Excello Products, LLC
1400 W. Fulton St.
Chicago, IL 60607

RE: The tariff classification, status under the North American Free Trade Agreement (NAFTA), and country of origin determination of a cotton apron; Article 509 and 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Roseth:

In your letter dated July 8, 2000 you requested a ruling on the classification, status under the NAFTA, and country of origin status of a cotton apron.

FACTS:

The submitted sample, a cotton bib apron, for which no style designation was supplied, is constructed of woven 100% cotton fabric. The apron covers to the knees, and features two front pockets, and self-fabric neck strap and waist ties.

In the United States, greige fabric of Indian origin will be purchased and shipped to an American dying mill contractor. In the mill, the greige fabric will be washed, bleached, and/or dyed. The dyed or bleached white goods will then be shipped to another contractor in the U.S., who will cut the fabric into apron bodies, neck strap pieces, waist tie pieces, and pocket pieces. The cut parts will then be shipped to Mexico where the apron bodies will be hemmed, the neck straps will be constructed, the neck strap will be assembled to the apron body, the waist tie pieces will be constructed, the neck ties will be assembled to the apron body, the pocket pieces will be assembled to the apron body, a cloth label will be sewn-in, and the finished apron will be folded and bulk packed.

ISSUE:

What are the classification, NAFTA status and country of origin of the article?

CLASSIFICATION:

The applicable subheading for the bib apron will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of cotton, Other.” The general rate of duty will be 8.3% ad valorem..

The bib apron falls within textile category designation 359. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment.

NAFTA:

The dying and bleaching of the Indian greige fabric in the United States does not change its country of origin. The country of origin of the fabric is India.

Regarding the North American Free Trade Agreement (NAFTA), General Note (GN) 12(a)(i) states:

Goods originating in the territory of a party to the North American Free Trade Agreement (NAFTA) are subject to duty as provided herein. For the purposes of this note—

(ii) Goods that originate in the territory of a NAFTA party under the terms of subdivision (b) of this note and that qualify to be marked as goods of Mexico under the terms of the marking rules set forth in regulations issued by the Secretary of the Treasury (whether or not the goods are marked), when such goods are imported into the customs territory of the United States and are entered under a subheading for which a rate of duty appears in the "Special" subcolumn followed by the symbol "MX" in parentheses, are eligible for such duty rate, in accordance with section 201 of the North American Free Trade Agreement Implementation Act.

GN 12(b)(ii)(A) states in part:

(b) For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that
except as provided in subdivision (f) of this note, each of the nonoriginating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein...

Accordingly, the subject merchandise qualifies for NAFTA treatment only if the provisions of General Note 12(b)(ii)(A) are met, that is, if the merchandise is transformed in the territory of Mexico so the non-originating materials undergo a change in tariff classification as described in subdivision (t).

As the bib apron is classified in subheading 6211.42, HTSUS, GN 12(t)/62.35 applies, which states:

A change to subheadings 6211.31 through 6211.49 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54, or headings 5508 through 5516, 5801 through 5802 or 6001 through 6002, provided that the good is both cut and sewn or otherwise assembled in the territory of one or more of the NAFTA parties.

As the woven 100% cotton fabric from India is classified under heading 5208 or 5209, which is an excepted heading, the bib apron is not NAFTA eligible

COUNTRY OF ORIGIN:

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 bib apron is assembled in a single country, that is, Mexico, as per the terms of the tariff shift requirement, country of origin is conferred in Mexico

The country of origin of the bib apron is Mexico. Based upon international textile trade agreements products of Mexico are not subject to quota or the requirement of a visa.

This ruling is being issued under the provisions of Parts 177 and 181 of the Customs Regulations (19 C.F.R. 177 and 181).

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 section 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 212-637-7084. . Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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