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NY C83180




February 6, 1998

CLA-2-RR:NC:TA:360 C83180

CATEGORY: CLASSIFICATION

Robert T. Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway - 43rd Fl
New York, NY 10036-8901

RE: Classification and country of origin determination for women's woven pajamas; 19 CFR 102.21(c)(4)

Dear Mr. Stack:

This is in reply to your letter dated January 8, 1998, on behalf of Bentley Lingerie, Inc., requesting a classification and country of origin determination for women's woven pajamas which will be imported into the United States. As you requested, the samples submitted with your request will be returned to you under separate cover.

FACTS:

The subject merchandise, style F9002S, consists of pair of women's pajamas. The garments are constructed from two woven fabrics: the plaid portion of the pajama is 100% cotton and the heather portion is 80% cotton and 20% polyester, by weight. The pajama top features a full front opening with a buttoned placket, two patch pockets below the waist, an inner patch in the nape of the neck and short sleeves. The body panels are composed of the cotton/polyester fabric while the sleeves and placket are composed of the 100% cotton fabric. The bottoms match the fabric of the sleeves and trim of the top and will feature a covered elasticized drawstring waistband, long legs and rib knot ankle cuffs.

The manufacturing operations for the pajamas are as follows:

CHINA

PAJAMA TOP -

1. front and back panels, pockets, sleeves, placket pieces (Including interlining), and neck patch are cut from the various fabrics; 2. embroidery of the "ESLEEP" trademark;
3. plackets (including stiffner) are attached to the front panels; 4. pockets are assembled and attached to the front panels; 5. buttons are added and buttonholes are made; 6. patch in the nape of the neck is attached to the back panel and labels are added.

PAJAMA BOTTOM -

1. four leg components, waistband (including elastic and drawstring), and cuffs are cut; 2. waistband is created, including sewing and insertion of the drawstring; 3. cuffs are created.

EL SALVADOR

PAJAMA TOP -

1. front and back panels are attached by sewing the shoulder seams; 2. sleeves are hemmed and sleeves are sewn; 3. sleeves are attached to the body at the shoulders; 4. front and back panels are joined at side seams; 5. body panels are hemmed.

PAJAMA BOTTOM -

1. four leg panels are assembled;
2. rib cuffs are attached to the bottom of the pant legs 3. waistband is attached.

After completion, the pajamas are pressed, packed, inspected and exported to the United States.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pajamas will be 6208.21.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's woven cotton nightdresses and pajamas with two or more colors in the warp and/or the filling. The rate of duty will be 9.3 percent ad valorem.

Style F9002S falls within textile category designation 351. 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 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.

Accordingly, as the garment does not meet the requirements of Section 102.21(e), because it is not wholly assembled in a single country, Section 102.21(c)(2) is inapplicable.

Section 102.21(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, the assembly operations in El Salvador constitute the most important assembly processes. In El Salvador, the front and back panels of the pajama top are attached at the shoulder seams;the sleeves are formed and attached to the body and the front and back panels are joined at the side seams. The four leg panels of the pajama bottoms are sewn and the waistband and cuffs are attached. Accordingly, the country of origin of the pajamas is El Salvador.

HOLDING:

The country of origin of the pajamas is El Salvador. Based upon international textile trade agreements products of El Salvador currently are not 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,

Robert B. Swierupski
Director,

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