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NY E89500




December 3, 1999

CLA2-RR:NC:TA:354 E89500

CATEGORY: CLASSIFICATION

Mr. Griff Hughes
Commodity Glove Company
P.O. Box 687
Wayne, Pennsylvania 19087

RE: Classification and country of origin determination for gloves; 19 CFR 102.21(c)(2) and (c)(3).

Dear Mr. Hughes:

This is in reply to your letter dated November 4, 1999, requesting a classification and country of origin determination for gloves which will be imported into the United States.

FACTS:

Three samples were submitted for review. Style 100 is a string-knit work glove with a ribbed knit cuff. The glove is constructed of 50% polyester 25% viscose 25% cotton fabric.

Style 101 is the same glove as style 100 with the addition of a PVC dot coating covering the palmside from fingertips to the wrist. You have indicated that the weight breakdown of the glove is 69% knitted fabric (see style 100 fiber content above) 31% PVC coating.

Style 102 is the same glove as style 100 with the addition of a PVC dot coating covering both the palmside and backside from fingertips to the wrist. You have indicated that the weight breakdown of the glove is 52% knitted fabric (see style 100 fiber content above) 48% PVC coating.

The manufacturing operations for the gloves are as follows:

Scenario I

All styles are knit and PVC dot coated in Indonesia

Scenario II

Style 100 is string-knit in Indonesia and then sent to India for PVC dot coating as new styles 101 and 102.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Style 100 will be 6116.93.8800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 19.2 percent ad valorem.

The applicable subheading for Styles 101 and 102 will be 6116.10.5520, HTSUSA, which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: other: containing 50 percent of move by weight of cotton, man-made fibers or other textile fibers, or any combination thereof . . . subject to man-made fibers restraints. The duty rate will be 13.6 percent ad valorem.

All styles fall within textile category designation 631. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 gloves are not wholly obtained or produced in a single country, paragraph (c)(1) of Section 102.21 is in applicable.

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":

We have determined that the proper classification of the subject articles is within heading 6116 of the Harmonized Tariff Schedule of the United States (HTSUS). The applicable rule is found at 19 C.F.R. ยง102.21(e), 61016117 which requires:

(1) 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.

(2) If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabricmaking process.

(3) If the good is knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knittoshape components are knit in a single country, territory, or insular possession.

The gloves in Scenario I are knit to shape and dot coated in one country, they meet the requirements found in paragraph (3) above. Indonesia is the country of origin. The subject merchandise in Scenario II is classifiable as a dot coated glove in heading 6116, HTSUSA. Section 102.21(e) requires a tariff shift to headings 6101 through 6117 from any heading outside the specified headings. In this case, a tariff shift to heading 6116, HTSUSA, occurs in India, but with a component that are classifiable in heading 6116, HTSUSA. As heading 6116, HTSUSA, is excepted by Section 102.21(c)(2), the tariff shift is not applicable.

Section 102.21(c)(3) applies where the country of origin of a textile or apparel product cannot be determined pursuant to paragraph (c)(1) or (c)(2) and where the merchandise consists of either a good that was knit to shape or (with an exception for goods of certain specifically enumerated headings), was wholly assembled in a single country, territory, or insular possession.

Section 102.21(c)(3)(i) provides the folllowing:

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;. . .

As the subject dot coated gloves are knit to shape in a single country, that is, Indonesia, the country of origin of the subject gloves is Indonesia.

HOLDING:

The country of origin of all the gloves is Indonesia. Based upon international textile trade agreements products of Indonesia are subject to quota and the requirement of a visa.

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 sections 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 Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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