us-cbp-cross-rulings-hq-554961•HQ 554961: Applicability of partial duty exemption under HTSUS subhead- ing 9802.00.80 to athletic supporters to be imported from Jamaica
HQ 554961: Applicability of partial duty exemption under HTSUS subhead- ing 9802.00.80 to athletic supporters to be imported from Jamaica
us-cbp-cross-rulings-hq-554961HQ 554961: Applicability of partial duty exemption under HTSUS subhead- ing 9802.00.80 to athletic supporters to be imported from JamaicaGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 554961
June 27, 1989
CLA-2 CO:R:C:V 554961 GRV
CATEGORY: CLASSIFICATION
TARIFF NO.: 9802.00.80, HTSUS
Mr. Robert E. Boehme
Bike Athletic Company
P.O. Box 666
Knoxville, Tennessee 37901
RE: Applicability of partial duty exemption under HTSUS subhead-
ing 9802.00.80 to athletic supporters to be imported from
Jamaica
Dear Mr. Boehme:
This is in response to your letters of March 18, 1988, and
May 4, 1989, requesting a ruling on the applicability of subhead-
ing 9802.00.80, Harmonized Tariff Schedule of the United States
(HTSUS) (formerly item 807.00, Tariff Schedules of the United
States (TSUS)), to athletic supporters to be imported from Jamica
after assembly and packaging operations. Samples of the
components and packaging materials to be exported from the U.S.
and the completed athletic supporter to be returned to the U.S.
were submitted for examination. You also request advice
concerning the proper tariff classification of the returned
supporters. We regret the delay in responding to your request.
FACTS:
You state that U.S. knitted fabric, for use as pouch
material, will be cut to length and width in the U.S. before it
is sent to Jamaica for assembly operations. In addition, rolls
of U.S. elastic in various widths, comprising the waistband, leg
straps and pouch reinforcement, and U.S. thread and labels, will
be shipped to the assembly facility in Jamaica. The foreign
processing consists of cutting the various rolls of elastic to
length, forming the pouch by partially sewing the knitted fabric
to itself (which gathers the fabric), attaching the pouch and the
reinforcing elastic to the waistband and adding the leg straps
and a label by sewing operations.
ISSUE:
Whether the athletic supporters will be entitled to the
partial duty exemption provided for under HTSUS subheading
9802.00.80 when returned to the U.S.
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LAW & ANALYSIS:
Effective January 1, 1989, the HTSUS superseded and re-
placed the TSUS. TSUS item 807.00 was carried over into the
HTSUS without change as subheading 9802.00.80. This tariff
provision provides a partial duty exemption for articles:
...assembled abroad in whole or in part of fabricated
components, the product of the United States, which
(a) were exported in condition ready for assembly without
further fabrication, (b) have not lost their physical
identity in such articles by change in form, shape, or
otherwise, and (c) have not been advanced in value or
improved in condition abroad except by being assembled and
except by operations incidental to the assembly process
such as cleaning, lubricating and painting.
An article entered under HTSUS subheading 9802.00.80 is subject
to duty upon the full value of the imported assembled article
less the cost or value of such U.S. components, upon compliance
with the documentary requirements of section 10.24, Customs
Regulations (19 CFR 10.24).
Section 10.14(a), Customs Regulations (19 CFR 10.14(a)),
provides, in part, that:
[t]he components must be in condition ready for assembly
without further fabrication at the time of their exporta-
tion from the United States to qualify for the exemption.
Components will not lose their entitlement to the exemption
by being subjected to operations incidental to the assembly
either before, during, or after their assembly with other
components.
Section 10.16(b)(6), Customs Regulations (19 CFR 10.16(b)(6)),
states that the cutting to length of wire, thread, tape, foil,
and similar products exported in continuous length is an example
of an operation incidental to the assembly process.
In the instant case, we are satisfied from the description
of the foreign assembly operations and the samples submitted that
the U.S. components to be sent to Jamaica will be entitled to the
duty exemption available under HTSUS subheading 9802.00.80, upon
return of the assembled supporters. The forming of the pouch by
partially sewing the fabric to itself is considered an acceptable
assembly operation involving two separate components -- the
fabric and thread. See L'Eggs Products, Inc. Inc. v. United
States, 13 CIT ___, 704 F.Supp. 1127 (1988). The cutting to
length of the rolls of elastic comprising the waistband, pouch
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reinforcement, and legs straps is considered an operation
incidental to the assembly process pursuant to 19 CFR
10.16(b)(6). Moreover, sewing the various components together
clearly is an acceptable means of assembly. See 19 CFR 10.16(a).
The cardboard box of U.S. origin into which each supporter
is packaged is entitled to duty-free entry under subheading
9801.00.10, HTSUS, as the sample box submitted evidences that it
is not advanced in value or improved in condition while abroad.
See Headquarters Ruling Letter 731420 (November 18, 1988).
On the basis of the completed sample submitted, it is our
opinion that the athletic supporters are properly classifiable in
subheading 6212.90.0010, HTSUS, with duty at the rate of 7
percent ad valorem. The applicable textile category number is
359.
HOLDING:
On the basis of the described assembly operations and after
examining the samples submitted, the athletic supporters will be
entitled to the partial duty exemption under HTSUS subheading
9802.00.80 when returned to the U.S., upon compliance with the
applicable Customs regulations (19 CFR 10.11-10.24). Allowances
in duty may be made under this tariff provision for the cost or
value of the U.S. fabricated components to be sent abroad,
including the knitted pouch material, the elastic pouch
reinforcement, waistband, and leg straps, and the thread and
label. The packaging material will be duty free under subheading
9801.00.10, HTSUS. The supporters are classifiable in subheading
6212.90.0010, HTSUS.
Sincerely,
John Durant, Director
Commercial Rulings Division
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