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NY B84999

June 19, 1997

CLA-2-62:RR:NC:TA:354 B84999


TARIFF NO.: 6216.00.3800; 9802.00.80

Mr. Steve M. Barringer
North Safety Products
Withers Road
P.O. Box 579
Maiden, North Carolina 28650

RE: The tariff classification of woven cotton clute cut gloves from Haiti. U.S. cut parts, assembly operation.

Dear Mr. Barringer:

In your letter dated May 20, 1997 you requested a classification ruling.

Two samples of woven clute cut work gloves, styles CHF183 and PC195, were submitted for classification. You have indicated the outershell of the gloves is constructed of 65% cotton 35% polyester woven fabric. The gloves feature a ribbed knit cuff and a fleece lining. With the exception of cuff color and fabric weave, styles CHF183 and PC195 are identical. Additionally, you have advised that the glove material is of United States origin and that glove parts will be cut and packaged along with thread and cuffing material at your Maiden, North Carolina plant for shipment to and eventual assembly at your Haiti plant.

The applicable subheading for styles CHF183 and PC195 will be 6216.00.3800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts: other: of cotton: other: without fourchettes. The general rate of duty will be 24.6 percent ad valorem. The gloves may be entitled to a 22.5 percent ad valorem rate of duty under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable laws, regulations, and agreements.

Based upon the information provided, the glove may also qualify for the partial duty exemption under subheading 9802.00.80, HTSUS, and for the Special Access Program when returned to the U.S. from Haiti. To qualify for the Special Access Program, products must be eligible for entry under subheading 9802.00.80, HTSUS. The requirements for participating in the Special Access Program provide that all fabric components, with the exception of findings, trimmings and certain elastic strips not exceeding 25 percent of the cost of the components of the assembled product, must be formed in the U.S. Such U.S. formed fabric must also be cut to pattern or shape in the U.S.

Customs Directive Number 3500-12 dated September 2, 1986 provides as follows:

[f]indings trimmings, and elastic components of the finished assembled products need not be of United States origin. Products assembled in participating Caribbean countries and made of U.S. formed and cut fabric plus findings, trimmings, and elastic of foreign origin may enter the United States under the program. However, the total value of such foreign findings, trimmings, and elastic components shall not exceed 25 percent of the cost of the components of the assembled product. Products whose foreign findings, etc., exceed 25 percent do not qualify for the Program. Examples of findings and trimmings are sewing thread, hooks and eyes, snaps, buttons, "bow buds," lace trim, zippers, including zipper tapes, and labels.

The initial question to be resolved is whether the imported articles are eligible for the partial duty exemption under subheading 9802.00.80, HTSUS.

Subheading 9802.00.80, HTSUS, provides a partial duty exemption for:

[a]rticles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape, or otherwise, and (c) 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.

CR 10.24 provides detailed instructions for documenting items classified in HTS 9802.00.80. We suggest you discuss the documentation required with the Customs personnel in each port in which you may make entry and/or the U.S. Customs Andean-CBI Help Desk, Miami International Airport, POB 52-3215, Miami, Florida 33125-3215. The Help Desk's telephone number 305-869-2804 or 2815.

Styles CHF183 and PC195 fall within textile category designation 331. Based upon international textile trade agreements products of Haiti are subject to quota and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Brian Burtnik at 212-466-5880.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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