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NY B84236




May 7, 1997

CLA-2-62:RR:NC:TA:360 B84236

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.1010

Mr. Robert M. Paisley
Baltic Linen Company, Inc.
260 West Sunrise Highway
P.O. Box 9017
Valley Stream, NY 11582-9017

RE: Classification and country of origin determination for a unisex woven robe; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Paisley:

This is in reply to your letter dated February 7, 1997, with additional information provided on April 7th, requesting a classification and country of origin determination for a unisex woven robe which will be imported into the United States. As requested, your sample will be returned.

FACTS:

The subject merchandise consists of a unisex woven robe, designated as style "JOY" constructed from 100 percent cotton, terry fabric. One side of the terry fabric is sheared to form the one sided velour finish. The garment extends below the mid-shin, has a full frontal opening secured by a self-fabric belt, three-quarter length sleeves and patch pockets below the waist. The robe is labeled "one size fits all" and is not sized to a specific customer. Note 8, Chapter 62, HTSUSA, provides that articles which cannot be identified as men's or boys' garments are to be classified as women's or girls' garments.

The manufacturing operations for the robe are as follows:

- The terry velour fabric is woven in Turkey. - In Cyprus, the fabric is cut into component parts,
then sewn into completed robes.
- Completed garments are then packed for export and then shipped to the United States.

ISSUE:

What is the classification of the woven robe?

What is the country of origin, and from what country is quota status derived on the subject merchandise?

CLASSIFICATION:

The applicable subheading for the robe will be 6208.91.1010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's or girls'...bathrobes...: other: of cotton: bathrobes, dressing gowns and similar articles: women's. The rate of duty will be 8.2 percent ad valorem.

The robe falls within textile category designation 350. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

COUNTRY OF ORIGIN - 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 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

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.

As the robe consists of more than two components and is assembled in a single country, that is, Cyprus, as per the terms of the tariff shift requirement, country of origin is conferred in Cyprus.

HOLDING:

The country of origin of the robe is Cyprus. Based upon international textile trade agreements products of Cyprus are not currently subject to quota and the requirement of a visa.

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 sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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.

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 Patricia Schiazzano at 212-466-5866.

Sincerely,

Paul K. Schwartz

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