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NY C81481




December 9, 1997

CLA-2-RR:NC:WA:357 C81481

CATEGORY: CLASSIFICATION

Mr. William Ortiz
S.J. Stile Associates Ltd.
153-66 Rockaway Blvd.
Jamaica, NY 11434

RE: Classification and country of origin determination for a men's outerwear jacket; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Ortiz:

This is in reply to your letter dated November 7, 1997,on behalf of the importer Free Country, requesting a classification and country of origin determination for a men's woven jacket which will be imported into the United States. A sample was submitted and is being returned as you requested.

FACTS:

The subject merchandise consists of a man's jacket with a shell and lining made from woven nylon fabric. It has a full front opening secured by a zipper which extends to the chin. The jacket has a self-fabric permanently attached hood with an elasticized drawstring, slant, zippered pockets at the waist, elasticized drawstrings at the waist and bottom edge, elasticized cuffs and a horizontal zippered pocket in the left chest area. The shell, which has an application of a rubber or plastics material, is comprised of two front panels and a single back panel. The sleeves each have one panel and a contrasting color fabric insert along their length trimmed with a third colored material on both insert seams.

The manufacturing operations for the jacket are as follows:

In China all the component parts are cut from piece goods and the pockets are sewn to the front panels. The merchandise is then shipped to Hong Kong where all the body panels are assembled and the jacket is finished.

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

If the jacket passes the water resistance test specified in Chapter 62, HTS Additional U.S. Note 2, the applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men's or boys' water resistant anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, the applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 29 percent ad valorem.

This jacket falls within textile category designation 634. 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.

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 jacket is assembled in a single country, that is, Hong Kong, as per the terms of the tariff shift requirement, country of origin is conferred in Hong Kong.

HOLDING:

The country of origin of the jacket is Hong Kong. Based upon international textile trade agreements products of Hong Kong are 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 W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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