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HQ 960322




April 22, 1997
CLA-2 RR:TC:TE 960322 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.90.9035

R.I. Hasson
Alba Forwarding Co., Inc.
147-39 175th Street
Jamaica, NY 11434

RE: Country of origin determination for garment part; 19 CFR operation

Dear Mr. Hasson:

This letter is in response to your inquiry of January 21, 1997, regarding the country of origin of a garment part which will be imported into the United States. A sample of item "Cut/505" was submitted to this office for examination and will be returned under separate cover.

FACTS:

In your letter you refer to two items, that is, Cut/505 and Block/101. As was explained to you via a recent phone conversation with a member of this office, without a representative sample of Block/101, we will not be able to address that item. Consequently, this ruling will only address item "Cut/505".

The sample, which you state is a part for a jacket that coordinates with a wedding dress, measures 36 inches long and 4 inches wide and is made up of a 100 percent polyester woven fabric which is then beaded. On one end, one of the corners has been cut off to form a rounded edge, while at the other end, a two by three inch notch has been cut out. The ground fabric on which the embroidery has been done consists of a knit fabric bonded to a woven fabric which appears to be made of staple fiber yarns. The bonding of the two fabrics is done with an adhesive which is not discernible. The manufacturing operations are as follows:

KOREA woven fabric is formed

CHINA knit fabric is formed the two fabrics are bonded to each other, cut to shape, embroidered and beaded

ISSUE:

1. What is the tariff classification of the subject merchandise?
2. What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

Classification

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI.

General Rule of Interpretation GRI 3 states:

(a)The heading which provides the most specific description shall be preferred to headings providing a general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.

(b)Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to
3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

(c)When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The subject merchandise is a garment part, that is, the front panel of a jacket, made of a 100 percent polyester ground fabric which has been beaded. This ground fabric consists of a knit fabric bonded to a woven fabric. If the item were made entirely of knit fabric it would be classified in heading 6117, HTSUS. Conversely, if it consisted solely of woven fabric it would be classified in heading 6217, HTSUS. Both the woven and knit fabrics play an important function in the role of this item. In determining essential character, various factors may be considered such as bulk, value, quantity, weight and role of each of the constituent fabrics. In the case of the subject garment part, it is the woven fabric which imparts the essential character to the subject merchandise. It is this component which provides the most significant visual impact, that is to say, it gives the item its aesthetic qualities (a ground for displaying the beading and embroidery). Additionally, the woven fabric is significantly heavier than the knit backing. Accordingly, as per GRI 3(b), the essential character is imparted by the woven fabric; the subject merchandise is properly classified in subheading 6217.90.9035, HTSUSA.

Country of Origin

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, Section 102.21(c)(1) is inapplicable.

Paragraph 102.21(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":

6215-6217 If the good consists of two or more component parts, a change to an assembled good of heading 6215 through 6217 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 sample is classified in heading 6217, HTSUS. Although the garment part consists of two or more component parts, a change to heading 6217, HTSUS, does not occur as a result of the good being wholly assembled from unassembled components in a single country. The change to heading 6217, HTSUS, occurs when the fabric, which is already formed by bonding the woven and knit fabrics together, is cut into the garment pieces. As such, 102.21(c)(2) is not applicable.

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.

The subject garment part is not knit to shape. Additionally, while the subject goods are not classified in a heading excepted from section 102.21(c)(3)(ii), the assembly does not result in the garment piece of heading 6217, HTSUS- it results in the fabric that will be cut into the garment piece. Thus, it is the fabric that is wholly assembled and the change to a garment part of heading 6217, HTSUS, is the result of a cutting operation, not an assembly. Thus, section 102.21(c)(3) is also not applicable in this case.

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 garment piece, the most important manufacturing process occurs at the time of the fabric making. The fabric making process occurs in both Korea, where the woven fabric is formed, and China, where the knit fabric backing is formed. It is the opinion of this office that the importance of the two fabrics is distinguishable. While the knit fabric does add some bulk and support to the woven fabric, it is nonetheless a very light backing. The woven fabric on the other hand, and the accompanying embroidery, clearly provides the garment piece with its aesthetic qualities, contributing significantly to the saleability of the finished garment. Accordingly, the most important manufacturing operation occurs at the time the woven fabric is formed in Korea.

HOLDING:

The subject sample, referenced style Cut/505, is classified in subheading 6217.90.9035, HTSUSA, which provides for, other made up clothing accessories: parts of garments or of clothing accessories, other than those of heading 6212: parts: other: of coats and jackets: of man-made fibers. The applicable rate of duty is 15.2 percent ad valorem and the quota category is 635.

The country of origin of the subject woven garment part is Korea.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent negotiations and changes, we suggest that your client check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated weekly and is available at the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

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 a 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
Tariff Classification Appeals

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