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NY I87811




November 7, 2002

CLA2-RR:NC:3:353 I87811

CATEGORY: CLASSIFICATION

Ms. Marla Schmidt
Sigmatex, Inc.
551 Fifth Avenue, Suite 1110
New York, NY 10176

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

Dear Ms. Schmidt:

This is in reply to your letter dated October 18, 2002, requesting a classification and country of origin determination for aprons which will be imported into the United States. A sample of the fabric and a completed apron was supplied.

FACTS:

The subject merchandise consists of Items AP2934PY, AP2934PWY, AP2934P3WY, AP2934P4WY and AP2934PWAY Bib Apron. The aprons are constructed of woven 100% polyester fabric. The aprons may or may not feature pockets, but all have a self-fabric neck strap and tubular nylon waist ties. All the aprons are imported dyed colors or bleached white.

The manufacturing operations for the aprons are as follows:

In China the fabric is formed and either dyed or bleached white. The fabric is shipped to Mongolia where it is cut to shape (apron body, neck strap and pockets), assembled, and packed.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the Items AP2934PY, AP2934PWY, AP2934P3WY, AP2934P4WY and AP2934PWAY Bib Apron will be 6211.43.0091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, Other.” The duty rate will be 16.2% ad valorem.

Items AP2934PY, AP2934PWY, AP2934P3WY, AP2934P4WY and AP2934PWAY Bib Apron 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 (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 two or more components are assembled in a single country, that is, Mongolia, as per the terms of the tariff shift requirement, country of origin is conferred in Mongolia.

HOLDING:

The country of origin of the bib aprons is Mongolia. At this time, products of Mongolia are neither subject to quota nor do they require 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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