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NY J84805




June 10, 2003

CLA2-RR:NC:3:353 J84805

CATEGORY: CLASSIFICATION

Mr./Ms. Chris Garcia
Kuehne & Nagel, Inc.
8200 Boggy Creek Road
Suite 600
Orlando, FL 32824

RE: Classification and country of origin determination for a crowd control garment; 19 CFR 102.21(c)(2); tariff shift

Dear Mr./Ms. Garcia:

This is in reply to your letter dated May 6, 2003, received in this office on May 20, 2003, requesting a classification and country of origin determination for a crowd control garment which will be imported into the United States.

FACTS:

The subject merchandise, a DRS 180 Law Enforcement Disturbance Resolution Suit, consists of three distinct sections: an Upper Body Component, Lower Body Component, and Arm Component. The Upper Body Component consists of shoulder pads, a collar protector, chest protector and chest overlay; the Lower Body Protector consists of rear, groin and hip pads, and thigh, knee, shin and instep guards; and the Arm Component of arms/elbow and forearm protectors. The exterior of the DRS 180 is constructed on woven Nomex® fabric and the interior is constructed of Dartex® fabric. The DRS 180 is worn by law enforcement officials for crowd management. It may be imported as a unit or the three sections may be imported in separate shipments.

The manufacturing operations for the DRS 180 Law Enforcement Disturbance Resolution Suit are as follows:

Dartex® fabric of United Kingdom origin is shipped to Canada. Nomex® fabric, straps, labels, elastic and hook and loop strips of United States origin are shipped to Canada. In Canada, the fabric is cut to shape and sewn together with the other components. The unfinished good is shipped back to the United States. Fiberglass stiffeners of US origin are sandwiched between layers of foam of US origin. The foam sandwich is cut and inserted into the DRS 180 Law Enforcement Disturbance Resolution Suit.

ISSUE:

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

CLASSIFICATION:

General Note (GN) 2(a) states “Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article.” the DRS 180 Law Enforcement Disturbance Resolution Suit and its sections are fully recognizable as crowd management apparel when imported from Canada.

The applicable subheading for the DRS 180 Law Enforcement Disturbance Resolution Suit, when imported as a unit, and the DRS 180 Upper Body Component, when imported separately will be 6211.33.0054, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other garments of man-made fibers, vests. The general rate of duty will be 16.1% ad valorem.

The applicable subheading for the DRS 180 Lower Body Component, when imported separately, will be 6211.33.0061, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other garments of man-made fibers, other. The general rate of duty will be 16.1% ad valorem.

The applicable subheading for the DRS 180 Arm Component, when imported separately, will be 6217.10.9530, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other wearing apparel accessories of man-made fibers. The general rate of duty will be 14.7% ad valorem.

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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.

6215–6217 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6215 through 6217 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

In its imported condition, DRS 180 Law Enforcement Disturbance Resolution Suit and its Components, is assembled in a single country, that is, Canada, as per the terms of the tariff shift requirement, country of origin is conferred in Canada.

HOLDING:

The country of origin of the DRS 180 Law Enforcement Disturbance Resolution Suit and its Components is Canada.

You ask if after the merchandise is further finished in the United States, it can be marked “Made in USA.” Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

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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