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NY D81170

September 10, 1998

CLA-2-61:RR:NC:TA:354 D81170


TARIFF NO.: 6116.93.9400

Mr. John M. Peterson
Neville, Peterson & Williams
80 Broad Street, 34 Floor
New York New York 10004

RE: Country of origin determination for knitted gloves; 19 C.F.R. ?102.21(c)(4); most important assembly.

Dear Mr. Peterson:

This is in reply to your letter dated August 6, 1998, on behalf of Totes-Isotoner corporation requesting a country of origin determination for knitted gloves which will be imported into the United States. A sample was submitted to this office for examination.


The subject merchandise, style 2181B, consists of a knitted 80% nylon 20% spandex lined glove with fourchettes and a hemmed cuff. The glove features leather overlaid strips stitched down the length of each finger extending to the palm and along the thumb. Two leather overlaid chevrons are stitched on the back of the hand. The manufacturing location and operations were given as follows:


Philippines Rolls of machine knit fabric (US or Philippine origin) die cut into glove parts (trank, thumb & fourchettes)
Sheets of dyed pigskin leather are die-cut & perforated to form overlays

China The leather overlaid finger strips & chevrons are stitched to the tranks

Philippines Leather overlay stitched to thumb (Second time) Thumb sewn to trank
Fourchettes sewn onto gloves Fingers joined and side seam sewn Leather overlaid strip from cuff to base of thumb stitched on
Acrylic knit lining (formed in the Philippines) sewn in Cuff hemmed


What is country of origin of the subject merchandise?


Pursuant to Section 334 of the Uruguay Round Agreements Act (codified at 19 USC Section 3592), new rules of origin were effective for textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. These rules were published in the Federal Register, 60 Fed. Reg. 46188 (September 5, 1995). Section 102.21, Customs Regulations (19 CFR Section 102.21), sets forth the general rules to determine country of origin. Thus, the country of origin of a textile product is determined by a hierarchy of rules set forth in paragraphs (c)(1) through (c)(5) of Section 102.21.

Section 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile or apparel product in which the good was wholly obtained or produced. As the subject glove has not been wholly obtained or produced in a single country, this section is inapplicable.

Section 102.21(c)(2) provides for instances where the country of origin of a textile or apparel product cannot be determined under Section 102.21(c)(1).

Section 102.21(c)(2) provides, in pertinent part:

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.

Section 102.21(e) provides, in pertinent part:

Specific rules by tariff classification. 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 (1) If the good is not knit to shape and consists of two or more component parts, a change to 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 glove is classifiable under Heading 6116, of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). In the case of the subject knit glove, there is a significant amount of leather overlays which are stitched on in China. These overlays are not merely decorative, they enhance the grip and reduce the wear on the palm. It is the opinion of this office that the stitching operations occurring in China are not minor. As such, Section 102.21(c)(2) is not applicable to the subject glove as it is not wholly assembled in a single country.

Section 102.21(c)(3) provides for goods that have been wholly assembled (with certain enumerated exceptions) in a single country, insular possession, or territory or which are knit to shape. Section 102.21(c)(3) is therefore inapplicable to the subject merchandise as it has not been wholly assembled in a single country, insular possession, or territory, nor is it a knit to shape good.

Section 102.21(c)(4) provides the first multi-country rule. Section 102.21(c)(4), states the following:

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 this instance, the most important assembly operation occurs in the Philippines as it is in this country where the cutting and majority of the assembly operation take place. Thus, in accordance with Section 102.21(c)(4), the country of origin of the subject glove is China.


The country of origin of the subject glove is the Philippines. The applicable subheading for the glove will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: with fourchettes. The duty rate will be 19.3 percent ad valorem.

The glove falls within textile category designation 631. Based upon international textile trade agreements products of the Philippines 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).

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 C.F.R. 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 C.F.R. 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 C.F.R. ?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 Brian Burtnik at 212-466-5880.


Robert B. Swierupski

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