CLA-2-61:OT:RR:NC:N3:354
Ms. Julie Robertson
West Chester Holdings, Inc.
100 Corridor Park Drive
Monroe, Ohio 45050
RE: The tariff classification and country of origin determination of gloves; 19 CFR 102.21 (c) (3)
Dear Ms. Robertson:
In your letter dated October 4, 2011 you requested a tariff classification and country of origin determination. The submitted sample will be returned.
The manufacturing operations of the gloves are as follows:
The gloves are knit to shape in Sri Lanka. The gloves are then dipped in a blended coating, which consists of nitrile and neoprene, in Sri Lanka. The coating is applied to the complete palmsides and overlaps the backside fingertips of the gloves. The gloves are then exported to Indonesia, where the molded PVC impact knuckle protection pieces are applied to the gloves by using a sonic welding procedure.
I - CLASSIFICATION:
Style #713SATPRY is a pair of seamless string-knit work gloves with a rubber (nitrile) and PVC dip coating, which covers the entire palm as well as a portion of the palmside cuff, and overlaps the backside fingertips. You have indicated that the weight of the coating is more than 50% of the weight of the gloves. The back side of the hand features PVC pieces of various shapes, which are designed for impact protection. The gloves also feature a ribbed knit wrist with an overlock stitch finish at the cuff bottom. You state that the fiber content of the gloves is 100% High Performance Polyethylene (HPPE).
The applicable subheading for Style #713SATPRY will be 6116.10.6500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: other. The rate of duty will be 7 percent ad valorem.
II - COUNTRY OF ORIGIN – LAW AND ANALYSIS:
Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995 in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21. Paragraph (c)(1) states, "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, "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, 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 6101 – 6117 (3) If the good is knit to shape, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to 6101 through 6117 from any heading outside that group, provided that the knit to shape components are knit in a single country, territory or insular possession. The subject knit-to-shape gloves are classifiable in heading 6116, HTSUS; the synthetic yarn used to knit the gloves is classifiable in either chapter 54 or 55, HTSUS. This change to heading 6116 occurs in Sri Lanka. As the gloves are knit-to-shape in a single country, that is, Sri Lanka, as per the terms of the tariff shift requirement, country of origin is conferred in Sri Lanka.
HOLDING:
The country of origin is Sri Lanka.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Robert Ivers at 646-733-3054.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division