United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1996 HQ Rulings > HQ 959031 - HQ 959256 > HQ 959246

Previous Ruling Next Ruling
HQ 959246




June 25, 1996
CLA-2 RR:TC:TE 959246 jb

CATEGORY: CLASSIFICATION

Robert Ledlow
Walls Industries, Inc.
1905 North Main
Cleburne, Texas 76031

RE: Country of origin determination for rainwear garments; 19 CFR ?102.21(c)(4); most important assembly

Dear Mr. Ledlow:

This is in reply to your letter dated May 8, 1996, requesting a country of origin determination for four styles of rainwear garments which will be imported into the United States sometime on or after July 1, 1996.

FACTS:

The subject merchandise consists of four styles of rain jackets or rain coats. The manufacturing operations are as follows:

I. Style 35196- 10X PRO IV Coat with Gore-Tex Fabric

Features: A Camo- 65 percent/ 35 percent cotton 7 ounce Hushweave brushed twill shell, or 53 percent nylon/ 47 percent acrylic 7 ounce ten mile plus on BZ, or 53 percent nylon/ 47 percent acrylic 7 ounce plain weave on WZ, all laminated to Gore- Tex fabric, polyester/cotton lining, or 100 percent nylon taffeta lining, zip-off insulated hood with bill, new three piece construction, drawstring around face, hook and loop closures, self collar with hook and loop take up tab, two way front zipper with double snap over storm fly, raglan sleeves with hook and loop take up tabs, drawstring at waist, bellows chest pockets with hook and loop closure flaps, two lower side entry hand warmer pockets under bellows cargo, pockets with self loops and eyelets for drainage, zip out reversible liner, knit collar and waistband, raglan sleeves with knit cuffs, and patch pockets.

Hong Kong

- front jacket shell is assembled, including setting chest and bellow pockets, assembly of front and back yoke, tunnel with drawstring, front zipper, joining front and collars, and joining sleeve cuffs; - pockets are subassembled prior to attachment to shell, including, chest pocket and chest pocket flap; lower pocket flap; bellow pocket; and under pocket;
- sleeves are attached, including sleeve gusset and sleeve shell;
- cuff, collar and under collar are subassembled; - back jacket shell is assembled;
- hood is attached, including, center shell, hood facing and hood bill;
- license loop is made;
- front and back jacket lining are assembled; - hood lining is assembled, including, hood side and hood center;
- inside pockets are assembled, including inside chest pocket and bellow pocket lining;
- linings are assembled including sleeve lining, liner shell band tab, front and back liner shell, liner shell sleeve, liner shell pocket, front and back liner lining, liner lining sleeve, liner lining pocket and liner lining band tab;
- thinsulate is applied to front, back, sleeve, hood side and hood center;
- knit band and knit cuff are made.

China

- sleeve tab is assembled and hook and loop fabric is attached;
- right and left fly are assembled;
- hood center and hood side shell are assembled to form outershell;
- hood lining assembled to hood

II. Style 32224- Premium Rain Jacket with Gore Tex Fabric

Features: A 100 percent nylon Supplex shell laminated to Gore-Tex or 100 percent polyester Supplex on BZ shell laminated to Gore-Tex, 100 percent nylon taffeta lining, or upper body of lining made of 100 percent nylon mesh, breathable, waterproof, windproof, all seams sealed, three piece hood with visor and drawstring, front zipper covered by storm fly that snaps, raglan sleeves with hook and loop take-up tab at cuff, two large covered zippered pockets, and rolled hem with adjustable drawstring. Hong Kong

- left front jacket shell is assembled, including setting slant pocket with attached slant flap, setting sleeve fell, setting hood, attaching right or left side pellon, setting front zipper, and joining at front, the hood and clip; - right front jacket shell is assembled;
- pockets are subassembled prior to attachment to shell, including lower pocket and pocket flap ;
- sleeves are attached, including sleeve tab and sleeve shell;
- hood is attached, including right hood side, hood center shell, and right hood facing;
- left front facing is sewn;
- back jacket shell is assembled;
- mesh is sewn, including right and left front mesh and back mesh;
- linings are assembled, including, lower pocket lining, sleeve lining, left hood side lining, and hood center lining; - hook and loop type fasteners are attached.

China

- left hood side is assembled;
- left hood facing is sewn;
- right hood side lining is assembled;
- linings are assembled, including, right and left front yoke lining, lower back lining, and lower right and left front lining.

III. Style 32000- Ladies 10X Premium Rain Jacket with Gore-Tex Fabric

Features: A 100 percent nylon Supplex shell laminated to Gore-Tex, 100 percent nylon taffeta lining or 100 percent nylon mesh lining, breathable, waterproof, windproof, all seams sealed, three piece built in hood with visor and drawstring, raglan sleeves with hook and loop take-ups, front zipper covered by storm fly that snaps, two pockets with storm proof flap and zipper closure, and adjustable drawstring waist.

Hong Kong

- left front jacket shell is assembled, including setting slant pocket with attached slant flap, setting sleeve fell, setting hood, assembly of tunnel with drawstring, attaching right or left side pellon, setting front zipper, and joining at front, hood and clip;
- right front jacket shell is assembled;
- pockets are subassembled prior to attachment to shell, including lower pocket and pocket flap;
- sleeves are attached, including, sleeve tab and sleeve shell;
- hood is attached, including, right hood, hood center shell, and right hood facing;
- right front facing is sewn;
- back jacket shell is assembled;
- mesh is sewn, including, right and left front mesh and back mesh;
- linings are assembled, including, lower pocket lining, sleeve lining, left hood side lining, and hood center lining; - hook and loop type fasteners are attached.

China

- left hood side is attached;
- left hood facing is sewn;
- linings are assembled, including, right hood side lining, right and left front yoke lining, lower back lining, and lower right and left front lining.

IV. Style 37228- Shikari Jacket with Gore-Tex Fabric

Features: A 65 percent polyester/ 35 percent cotton shell laminated to Gore-Tex, a 100 percent polyester thermal lining, three piece billed hood with snap closure and drawcord, zippered front with storm fly that snaps, raglan sleeves with adjustable snap cuff; two large covered zippered pockets, rolled hem with drawcord.

Hong Kong

- left front jacket shell is assembled, including setting slant pocket with attached slant flap, setting sleeve fell, setting hood, attaching right or left side pellon, setting left or right front facing to shell, setting front zipper, and joining at front, hood and clip;
- right front jacket shell is assembled;
- pockets are assembled prior to attachment to shell, including, lower pocket and pocket flap;
- hood is attached, including, right hood side, hood center shell, and right hood facing;
- left front facing is sewn;
- sleeve shell is assembled;
- back jacket shell is assembled;
- linings are assembled, including, lower pocket lining, sleeve lining, right and left hood side lining, hood center lining, right and left front jacket lining and back jacket lining;
- elastic is attached.

China

- left hood side is attached;
- left hood facing is sewn.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act 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 foreign material 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) 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:"

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.

The subject merchandise is classifiable as rainwear jackets and coats in heading 6210, Harmonized Tariff Schedule of the United States (HTSUS). Section 102.21(b)(6) defines wholly assembled as :

The term "wholly assembled" when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as "wholly assembled" in a single country, territory, or insular possession.

As the subject merchandise is assembled in both Hong Kong and China, it is not wholly assembled in a single country as per Section 102.21 (c)(2).

Paragraph (c)(3) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred". In the case of the subject merchandise, assembly occurs in both Hong Kong and China. It is the opinion of this office that in regard to style 35196, the assembly of the jacket shell, the attachment of the pockets, fly, collar, sleeves, hood center shell and hood side shell, hood facing, hood lining, and front and back jacket lining, in Hong Kong, constitute the most important assembly process. In regard to style 32224, the assembly of the jacket shell, the attachment of the pockets, sleeves, right hood side, hood center shell, right hood facing, left front facing, left hood side and center lining, in Hong Kong, constitute the most important assembly process. In regard to style 32000, the assembly of the jacket shell, the attachment of the pockets, sleeves, right hood side, hood center shell, right hood facing, right front facing, left hood side and hood center lining, in Hong Kong, constitute the most important assembly process. In regard to style 37228, the assembly of the jacket shell, the attachment of the pockets, sleeves, right hood side and facing, hood center shell, hood lining, left front facing, and jacket lining, in Hong Kong, constitute the most important assembly process.

HOLDING:

The country of origin of styles 35196, 32224, 32000, and 37228 is Hong Kong.

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 is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

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.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: