United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L88821 - NY L88867 > NY L88829

Previous Ruling Next Ruling
NY L88829





December 14, 2005

CLA2-RR:NC:TAB:354 L88829

CATEGORY: CLASSIFICATION

Ms. Rhoda A. Salus
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: Classification and country of origin determination for brassieres; 19 CFR 102.21(c)(4)

Dear Ms. Salus:

This is in reply to your letter dated November 8, 2005, written on behalf of your client, Ace Style Intimate Apparel, requesting a classification and country of origin determination for brassieres which will be imported into the United States.

FACTS:

The subject merchandise consists of an underwire brassiere constructed of 75% nylon and 28% spandex knitted fabric, reference number 013900.10002. The brassiere features padded cups made of molded polyurethane, adjustable shoulder straps, a rear triple hook and eye closure and a nylon piece of fabric (the yoke) connecting the two front cups. You have submitted samples of the brassiere at each stage of its manufacturing and assembly processes, as indicated by the operations and their corresponding job step numbers, which are outlined below.

The manufacturing operations are as follows:

China – Country A: Molding, Cutting, Some Assembly Operations

Mould outer cup and inner sponge cup
Cut outer cups, inner sponge cups, yoke, yoke lining, side panels Overlock sponge under cup edge
Single needle attach stabilizer piping to sponge cup edge and armhole Single needle join sponge cup to top cup
Single needle join sponge cup to armhole
Overlock sponge cup edge and armhole edge Single needle join front strap (x4 and restitch) Single needle attach, turn and baste front apex stabilizer Single needle baste sponge cup to top cup Single needle join, top-stitch and baste yoke stabilizer 12- Single needle attach stabilizer piping to under cup Zigzag stitch the shoulder strap

Philippines – Country B: Assembly Operations

Zigzag attach elastic to under bust
Zigzag attach to top back and insert strap Single needle join cup to side panel and yoke Tack sponge cup yoke and side panel seaming with color thread Double needle attach face around cups to create wire channeling Zigzag attach hook and eye tape and insert label Single needle attach front straps to the back adjustable straps Bartack front straps
Insert cup wire
Bartack top wire ends
Zigzag join front strap elastic ends
Pick out fiberfill yoke and side panel seaming basting thread

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the brassiere will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: otherof man-made fibers. The general rate of duty will be 16.9% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the 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.

Although the subject brassiere consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, Section 102.21(c)(2) is inapplicable. Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit to shape, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred".

In the case of the subject merchandise, the most important assembly processes occur during the combining of all the component parts in order to create the finished bra, that is, sewing together the cups, attaching the front straps to the back adjustable elastic straps, side panels, center yoke, hook and eye tape, and assembly of the underwire. Accordingly, the country of origin for the subject merchandise is country B.

HOLDING:

The country of origin of the brassiere is Philippines.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: