The tariff classification and country of origin determination for a weight reduction garment; Status under the North American Free Trade Agreement (NAFTA); Article 509; 19 CFR 102.21 (c) (2); tariff shift

NY L88612 December 2, 2005 CLA-2-62:RR:NC:3:353 L88612 CATEGORY: Classification TARIFF NO.: 6210.50.9090 Mr. Harold Averill Corrigan Dispatch Company 1350 Cheers Blvd Brownsville, TX 78523-3610 RE: The tariff classification and country of origin determination for a weight reduction garment; Status under the North American Free Trade Agreement (NAFTA); Article 509; 19 CFR 102.21 (c) (2); tariff shift Dear Mr. Averill: In your letter dated November 1, 2005, on behalf of AMA Packing, LLC, you requested a ruling on the tariff classification, country of origin determination, and status under the North American Free Trade Agreement (NAFTA) of a weight reduction vest. As requested, the sample will be returned to you. The submitted sample is a woman’s weight reduction vest, no style number supplied, constructed of woven cotton fabric that is fully coated on the inside with vinyl. The eight-panel garment features arm straps and a full front zipper closure. It reaches to the waist, is contoured for the female body, and features cutouts for the bosom area, You state that the fabric, zipper and thread are of Mexican origin. The manufacturing operations are as follows: Mexico: The client is measured for the weight reduction vest The fabric is cut into panels The panels are sewn together The zipper is sewn into the garment CLASSIFICATON: You suggest classification of the weight reduction vest in subheading 6212.90.0010. However, the garment is made up of a fabric of heading 5903 and is classifiable in heading 6210. Chapter 62, Note 5, HTSUS, requires that garments that are classifiable in heading 6210 be classified in that heading. The applicable subheading for the weight reduction vest will be 6210.50.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provided for “Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women’s or girls’ garments: Other: Other, Other: Other.” The rate of duty will be 6.2 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 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." You did not indicate where the cotton yarn or vinyl was sourced. We cannot therefore conclude that the operation occurred wholly in Mexico. 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 a result of the good being wholly assembled in a single country, territory, or insular possession. As the weight reduction vest is assembled in a single country, that is, Mexico, as per the terms of the tariff shift requirement, country of origin is conferred in Mexico. HOLDING: The country of origin of the weight reduction vest is Mexico. Products of Mexico are not subject to quota or the requirement of a visa. Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of a product under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling. Please provide information regarding the source of the vinyl and cotton yarn used to make the weight reduction vest. As provided for in Section 181.94 of the Customs Regulations (19 CFR 181.94), you may submit this additional information within 30 days of the date of this notice. Please address any supplemental letter to this office, and refer to our file number shown above. If you decide to resubmit your request, please include all of the material that we have returned to you. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). 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 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division