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NY G85987




January 26, 2001

CLA2-RR:NC:TA:354 G85987

CATEGORY: CLASSIFICATION

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Avenue
Hawthorne, California 90250

RE: Classification and country of origin determination of work suspenders; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Gonzalez:

This is in reply to your letter dated December 21, 2000, requesting a classification and country of origin determination on behalf of Custom Leather Craft Manufacturing Company for work suspenders which will be imported into the United States.

FACTS:

The subject merchandise consists of work suspenders (Styles 110RUL and 110BLK) which are constructed of 2 inch wide man-made fiber webbing straps at the front and 2 inch wide elastic straps at the rear with metal clips at each end. The suspenders feature an adjustable metal slide on the front straps and a leather pad at the back where the webbing and elastic straps are sewn together. The suspenders are stapled to a cardboard header for retail display. Materials originate as follows:

China - Webbing and elastic band.
Taiwan - Thread, metal clip, metal adjuster, hang tag, staple wire. U.S.A. – Leather pad.
Philippines – Tag pin and box.

You have indicated that the Chinese webbing and elastic will be shipped in rolls to the Philippines where the cutting and the assembly of the suspenders will take place.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for styles 110RUL and 110BLK will be 6212.90.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Brassieres, girdles, corsets, braces suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other . . . of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.7 percent ad valorem.

Styles 110RUL and 110BLK fall within textile category designation 659. 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.

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 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 he change is the result of the good being wholly assembled in a single country, territory, or insular possession.

As the work suspenders are assembled in a single country, that is, the Philippines, as per the terms of the tariff shift requirement, country of origin is conferred in the Philippines.

HOLDING:

The country of origin of the work suspenders is the Philippines. Based upon international textile trade agreements products of the Philippines are subject to quota and 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 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 Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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