CLA-2-RR:NC:3:353 C86792
Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
888 Seventh Avenue
New York, NY 10108
RE: Classification and country of origin determination for a
welder's top and pants; 19 CFR 102.21(c)(2); tariff shift.
Dear Mr. Zelman:
This is in reply to your letter dated April 16, 1998, on
behalf of Sportsmed International, Inc., requesting a
classification and country of origin determination for a welder's
top and pants which will be imported into the United States.
Samples of the items were supplied and are being returned to you.
FACTS:
The subject merchandise consists of two items, a welder's
top or garment and a welder's overall or pants. The items are
made of green heavy weight woven 100% cotton fabric. The fabric
has been treated with a chemical flame retardant known as
"Proban". The garments are stated to be specially designed for a
welder and will be marketed as garments for a welder. Because of
the flame retardant treatment, the garments will not ignite when
exposed to sparks generated during the welding process.
The first item is described as a welder's garment consisting
of woven 100% cotton fabric. Examination of the sample reveals a
top that is hip level and designed with long sleeves without
cuffs, which may be tightened at the wrists with snaps. The
garment features an interior pocket, a full front opening secured
by heavy duty snaps which close left over right, and a collar.
The garment is designed to be worn over a worker's shirt and not
against the skin.
The second item is described as a welder's overall.
Examination of the sample reveals that these are full length
men's pants with two front and two back pockets, a waistband,
belt loops, a left over right zipper fly and snap. The item is
not worn over anything, but functions as trousers when worn.
The manufacturing operations for the welder's top and pants
are as follows: The fabric is produced and treated with the flame
retardant in a third country. The fabric is imported into
Israel and Trinidad in rolls where the fabric is cut to shape
into panels, pockets and collars for the top, and panels,
pockets, belt loops and waistbands for the pants. The components
are then assembled by sewing and hemming.
ISSUE:
What are the classification and country of origin of the
subject merchandise?
CLASSIFICATION:
The classification of the welder's garment was determined in
New York ruling NY C80110, dated October 29, 1997 and was
6211.32.0081, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).
The pants have special fire retardant protective features
and are of a type that will only be worn when engaged in welding
activity. The applicable subheading for the welder's pants will
be 6211.32.0081, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA,) which provides for "Track suits, ski-suits
and swimwear; other garments: Other garments, men's or boys': Of
cotton...Other."
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
Regarding the operation in Israel, 19 CFR 102.21(a) controls
the determination of the country of origin of imported textile
and apparel products for purposes of the Customs laws, except for
purposes of determining whether goods originate in Israel or are
the growth, product, or manufacture of Israel.
19 CFR 12.130(b)states that a textile or textile product, which
consists of materials produced or derived from, or processed in,
more than one foreign territory or country, or insular possession
of the U.S., shall be a product of that foreign territory or
country, or insular possession where it last underwent a
substantial transformation. A textile or textile product will be
considered to have undergone a substantial transformation if it
has been transformed by means of substantial manufacturing or
processing operations into a new and different article of
commerce.
The operations of cutting the fabric to shape and sewing it
together in Israel creates a different article of commerce. The
country of origin is conferred in Israel.
Regarding the operation in Trinidad, 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.
As the welder's top and pants are cut and assembled in a
single country, that is, Trinidad, as per the terms of the tariff
shift requirement, country of origin is conferred in Trinidad.
HOLDING:
The country of origin of the welder's top and pants imported
from Israel is Israel, and imported from Trinidad is Trinidad.
The welder's top and pants are free of duty from Israel
provided all parts of the United States-Israel Free Trade Area
Implementation Act of 1985 are met. The welder's tops and pants
from Trinidad are dutiable at the rate of 8.4% ad valorem.
The welder's top and pants fall within textile category
designation 359. Based upon international textile trade
agreements products of Trinidad are subject to 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.
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 Kenneth
Reidlinger at 212-466-5881.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division