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 > 1997 HQ Rulings > HQ 959471 - HQ 959574 > HQ 959527

Previous Ruling Next Ruling
HQ 959527

---

October 9, 1996

CLA-2 RR:TC:TE 959527 NLP

CATEGORY: CLASSIFICATION

John B. Pellegrini, Esq.
Park Avenue Tower
65 East 55th Street
New York, New York 10022-3219

RE: Country of origin for children's parkas, pull on ski pants, ski pants with bib and an infant's pram suit; 102.21(c)(4)

Dear Mr. Pelligrini:

This is response to your inquiry of July 24, 1996 requesting an information letter concerning the country of origin of various children's and infant's apparel. Due to the nature of your request and the detailed factual description given, we will not issue an information letter under section 177.1(d)(2), Customs Regulations (19 C.F.R. 177.1(d)(2)). Rather, this will serve as a ruling letter under 19 CFR 177.1(d)(1) as to the specific facts set forth below.

FACTS:

All the garments at issue are made of woven man-made fiber fabric. You stated that the infant's pram suit is made of synthetic fiber fabric. The first four garments are for children and will be imported in sizes for girls and boys. The fifth garment is an infant's pram suit and it will fit young children not exceeding 86 cm in body height. Customs has interpreted and applied this based on age 0 to 24 months. We note that 2 years and up is the age range for children's garments.

The first article is a children's parka. The manufacturing operations are as follows:

Country A

Fabric, of various origins, cut into component parts Upper welt pockets, lower patch pockets and zipper attached to the front panels
Elastic attached to the waist
Collar assembled and attached to body
Back and front panels are joined

Shoulder seams are joined
Side seams closed
Sleeves are assembled and sewn into the armholes Placket piece assembled

Country B

Lining is attached
Lining is stuffed with polyfil
Placket is sewn to front panels
Elastic cuffs are assembled and attached to sleeves Hood is assembled and attached to body
Garment is finished: bar tacking, attaching snaps and edge stitching

Country A

Labeling
Final inspection and packing

The second article is also a children's parka. The following manufacturing operations are performed:

Country A

Fabric, of various origins, cut into component parts Upper welt pockets, lower patch pockets and zipper attached to front panels
Elastic attached to the waist
Collar assembled and attached to the body Back and front panels are joined
Shoulder seams are joined
Side seams are closed
Sleeves are assembled and sewn into the armholes Placket piece assembled
Elastic cuffs assembled and attached to the sleeves

Country B

Lining is attached
Lining is stuffed with polyfil
Placket is sewn to the front panels
Hood assembled and attached to body
Garment is finished: bar tacking, attaching snaps and edge stitching

Country A

Labeling
Final inspection and packing

The third garment is a pair of children's pull-on snow pants. The manufacturing operations are as follows:

Country A

Component parts are cut
On-seam pockets applied and leg zippers attached Front and back rises are assembled
Inside and outside seams are joined
Elastic waist with drawstring assembly is put together and attached to the waist

Country B

Lining is attached
Polyfil insulation is inserted
Garment is finished: bar tacking and edge stitching

Country A

Labeling
Final inspection and packing

The fourth garment is a pair of children's insulated ski pants with a bib. The manufacturing operations are as follows:

Country A

Component parts are cut
Zipper pockets and front zipper attached to the appropriate panels
Shoulder straps with buckle assemblies put together and attached to the front and back panels
Side knit panels assembled and attached to the side panels Front panel sewn with double stitching
Front and back rises assembled
Inside and outside seams are closed

Country B

Lining is attached
Lining is stuffed with insulation
Garment is finished: bar tacking and edge stitching

Country A

Labeling
Final inspection and packing

The fifth garment is an infant's pram suit with mittens and booties made of woven synthetic fiber fabric. The manufacturing operations are as follows:

Country A

Components parts are cut
The front and back panels are assembled by sewing Hood is assembled- including the lining and the polyfil Zipper is sewn to the front panels
Hood is attached to the collar
Shoulder seams are joined
Sleeves are made and attached to the body Side seams are joined
Inseams are joined
Front and back rise are assembled
Placket is assembled

Country B

Lining is attached
Lining is stuffed with polyfil
Elastic cuffs are assembled and attached to the sleeves Mittens and booties are assembled
Garment is finished: bar tacking, attaching snaps and edge stitching

Country A

Labeling
Final inspection and packing

ISSUE:

What is the country of origin of the five garments?

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 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:"

6201-6208 (1) If the good consists of two or more component parts, a change to an assembled good of heading
6201 through 6208 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

6209.20.5045-6209.90.9000 (1) If the good consists of two or more component parts, a change to an assembled good of subheading 6209.20.5045 through 6209.90.9000 from unassembled components, provided that the change is the result of the good being wholly assembled in a single, country, territory, or insular possession.

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.

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.

The boys' parkas are classifiable in heading 6201, Harmonized Tariff Schedule of the United States (HTSUS). The girls' parkas are classifiable in heading 6202, HTSUS. The infant pram suit is made of synthetic fibers and is classifiable in heading 6209.30, HTSUS. The boys' and girls' pull-on ski pants and ski pants with a bib are classifiable in heading 6203, HTSUS, or heading 6204, HTSUS, respectively, based on gender. However, as the subject garments are assembled in both Country A and Country B, they are 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 garments are neither knit to shape, 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 Country A and Country B. It is the opinion of this office that in the case of both children's parkas, the most important assembly occurs in Country A, where the majority of the garment is assembled to completion, except for the stuffing and attachment of the lining, the assembling and attaching of the hood and placket on both parkas and the cuffs on the second parka and the performance of various other minor finishing operations. In the case of the pull-on ski pant, the most important assembly occurs in Country A, where the on-seam pockets are applied, the leg zippers are attached, the front and back rises are assembled, the inside and outside seams are joined and the elastic waist with drawstring assembly is put together and attached to the waist. In the case of the ski pant with a bib, the most important assembly occurs in Country A, where the side knit panels are assembled and attached to the side panels, the front and back rises are assembled, the inside and outside seams are closed, the zipper pockets and front zipper are attached to the appropriate panels and the shoulder straps with buckle assemblies are put together and attached to the front and back panels. Regarding the infant's pram suit, the most important assembly occurs in Country A, where all the panels are assembled, the hood is assembled (including the lining and polyfil) and attached to the collar, the zipper is sewn to the front panels, the sleeves are made and attached to the body, the shoulder seams, side seams and inseams are joined, the front and back rises are assembled and the placket is assembled.

HOLDING:

The country of origin for the above described children's garments is Country A.

The country of origin for the infant's pram suit is Country A.

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 C.F.R. 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 C.F.R. 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 C.F.R. ?177.2.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also:

• Tariff No.: 6209.20.50 - Babies' garments & clothing acc. nesoi, of cotton, incl. sunsuits & sim app, sets & parts of sets, & diapers, not knitted or crocheted
• Tariff No.: 6209.90.90 - Babies' garments and clothing accessories, of textile mats(except wool, cotton or mmf), cont under 70% by wt of silk or silk waste, not k/c