The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a waist apron; Article 509. Country of origin determination; 19 CFR 102.21(c)(2); tariff shift

NY H81324 June 13, 2001 CLA-2-62:RR:NC:3:353 H81324 CATEGORY: Classification TARIFF NO.: 6211.43.0091 Mrs. Alice Wagner Tower Group International, Inc. 128 Dearborn Street Buffalo, NY 14207 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a waist apron; Article 509. Country of origin determination; 19 CFR 102.21(c)(2); tariff shift Dear Mrs. Wagner: In your letter dated May 16, 2001, on behalf of Canadian Uniform Limited, you requested a ruling on the classification, status under the NAFTA and a country of origin determination of a waist apron The submitted sample is a waist apron constructed of woven 100% polyester fabric. The apron extends to mid-thigh and features a self-tie and two patch pockets. The fabric is formed in China. The apron is cut to shape (shell, pockets and ties) and sewn in Canada. The applicable tariff provision for the waist apron 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 general rate of duty will be 16.3% ad valorem. The textile category designation is 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. The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/62.35, HTSUSA. In this instance the non-originating fabric from China is classifiable under chapter 54 or headings 5508 though 5516. However, the apron has been cut to shape and sewn or otherwise assembled in Canada. The apron meets the requirements of Additional U.S. Note 3(a), and is eligible for tariff preference levels. 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 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 apron body and self-ties are assembled in a single country, that is, Canada, as per the terms of the tariff shift requirement, country of origin is conferred in Canada. HOLDING: The country of origin of the waist apron is Canada. Based upon international textile trade agreements products of Canada are not 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 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) and Part 181 of the Customs Regulations (19 C.F.R. 181). 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. Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division