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NY I80832




May 13, 2002

CLA-2-62:RR:NC:3:353 I80832

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9510 , 9802.00.80

Mr. Mike Buhl
Weldas Company
128 Seaboard Lane
Franklin, TN 37067

RE: The tariff classification of sleeve protectors from China.

Dear Mr, Buhl:

In your letter dated April 17, 2002 you requested a classification ruling.

The submitted sample, called a protective sleeve for industrial use, is a sleeve protector constructed of fire retardant treated woven 100% cotton fabric. The sleeve protector is cylindrical in shape and measures approximately 18 inches long and features 2½ inch elasticized openings to secure the item to the arm.

The applicable subheading for the protective sleeve for industrial use will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of cotton..” The duty rate will be 14.8% ad valorem.

The protective sleeve for industrial use falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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.

You state that the goods will be made using two methods. First, US manufactured cotton fabric would be cut to shape and the piece would be joined together in China, with the thread, elastic and packaging being of Chinese origin. Second, the US manufactured cotton fabric would be cut to shape in the US and the piece would be joined together in China, with the thread, elastic and packaging being of Chinese origin.

In both instances, the value of the cotton fabric should be included in the entered value of the merchandise. However, in the second instance the merchandise would be eligible for treatment under subheading 9802.00.80, HTSUS, which provides a partial duty exemption for goods that:

(a) were exported in condition ready for assembly without further fabrication, have not lost their physical , identity in such articles by change in form, shape or otherwise, and have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting

All three requirements of subheading 9802.00.80, HTSUS, must be satisfied before a component may receive a duty allowance. An article entered under this tariff provision is subject to duty upon the full value of the imported assembled article, less the cost or value of such U.S. components, upon compliance with the documentary requirements of section 10.24, Customs Regulations (19 C.F.R. §10.24).

On the basis of the information provided, in the second scenario, the imported protective sleeve for industrial use, assembled in China, will be eligible for the partial duty exemption under subheading 9802.00.80, HTSUS, provided the documentary requirements of 19 C.F.R. §10.24 are satisfied.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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