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HQ 959735

October 3, 1996
CLA-2 RR:TC:TE 959735 jb


Diane Stehl
Wells Lamont
6640 West Touhy Avenue
Niles, IL 60714-4587

RE: Country of origin determination for knit gloves; 19 CFR

Dear Ms. Stehl:

This is in reply to your letter dated August 19, 1996, requesting a country of origin determination for knit gloves which will be imported into the United States. Your letter addressed the following three issues: 1) the appropriate marking for gloves stated to be U.S. goods returned and for which duty is paid on the value added to the product; 2) the country of origin of gloves in which the fabric is knit in China and cut and assembled in Sri Lanka or Indonesia; 3) the proper marking and country of origin for knit to shape gloves which are knit to shape in the U.S. and shipped to Mexico for assembly, along with a U.S. made glove insert and hook and loop type fastener. The first and third issues are within the jurisdiction of the Special Classification and Marking Branch, Office of Regulations and Rulings, and as such you will receive a separate letter from that Branch in response to those issues. This ruling letter will only address the second issue. A sample was submitted to this office for examination.


The manufacturing operations for the second issue, as stipulated above, are as follows:


- cotton or polyester fabric is knit and sent to Indonesia or Sri Lanka in bolts.


- fabric is cut into component pieces;
- assembly.


What is the country of origin of the subject merchandise?


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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 foreign material 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) 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:"

6101-6117 If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession.

The subject merchandise is classified in heading 6116, Harmonized Tariff Schedule of the United States (HTSUS). As the gloves are wholly assembled in a single country, Indonesia or Sri Lanka, the country of origin is conferred in either Indonesia or Sri Lanka.


The country of origin of the subject knit gloves is either Indonesia or Sri Lanka.

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 is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

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.


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