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NY F82709

February 16, 2000

CLA2-RR:NC:3:353 F82709


Mr. Derek Suddaby
Canadian Uniform Limited
77 Brown’s Line
Toronto, ON, M8W 3S5

RE: Classification and country of origin determination for a bib apron; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Suddaby:

This is in reply to your letter dated January 18, 2000 requesting a classification and country of origin determination for a bib apron, which will be imported into the United States. You originally received ruling NY F80455, dated December 28, 1999, but since that time there has been a change in facts and you have submitted a new ruling request in accordance with 19 CFR 177.2. A sample was submitted with the original ruling NY F80455.

The change in facts is that the original sample submitted with the ruling request featured 3 pockets. The apron may actually be imported with 3, 2, 1 or 0 pockets. All other facts remain the same. The ruling that follows includes the change in facts.


The subject merchandise consists of a bib apron consisting of 65% polyester/35% cotton twill fabric. The apron measures approximately 34x32 inches including an 8x11½ inch bib. The apron covers to the knees and features a self-fabric tie at the neck, a tie cord at the waist, and 3, 2, 1 or 0 pockets. You state that you also plan to import the item made of 100% polyester twill fabric.

The manufacturing operations for the bib apron are as follows: The twill fabric is formed in China and then shipped to Pakistan. The balance of the components, tie cords and thread, originate in Pakistan. In Pakistan: the fabric is cut to the shape of an apron shell, the appropriate number of pockets, and tie neck, the tie cords are cut to length, all the components are sewn together, and the edges are hemmed. The apron is pressed and packaged in Pakistan.


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


The applicable subheading for the 65% polyester/35% cotton and 100% polyester bib aprons will be 6211.43.0091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers...Other.” The rate of duty will be 16.4% ad valorem.

The 65% polyester/35% cotton and 100% polyester bib aprons fall within textile category designation 659. 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.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.


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 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.

Section 102.21(a)(6) states in part, “The term ‘wholly assembled’ when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as ‘wholly assembled’ in a single country, territory, or insular possession” (emphasis added). Therefore, the presence or lack of pockets on the apron will not have an effect when determining its country of origin.

The sewing of the neck and waist ties to the apron shell is considered an assembly operation. As the components change to a good of 6211 and are assembled in a single country, that is, Pakistan, as per the terms of the tariff shift requirement, country of origin is conferred in Pakistan.


The country of origin of the bib aprons, with 3, 2, 1 or 0 pockets, is Pakistan. Based upon international textile trade agreements products of Pakistan are not subject to quota but are subject to 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 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 Kenneth Reidlinger at 212-637-7084.


Robert B. Swierupski

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