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NY C84514





March 10, 1998

CLA-2-62:RR:NC:3:355 C84514

CATEGORY: CLASSIFICATION

Mr. Leonard L. Rosenberg
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: Classification and country of origin determination for men's shirts and trousers; 19 CFR 102.21(c)(4)

Dear Mr. Rosenberg:

This is in reply to your letter dated February 11, 1998, requesting a classification and country of origin determination for men's woven shirts and trousers which will be imported into the United States.

FACTS:

The subject merchandise consists of men's woven trousers and shirts.

The manufacturing operations for the 5-Pocket Jeans are as follows: Country A: Option I:
1. Piece goods are cut into shaped components 2. Left fly and zipper are sewn and assembled to the left front panel (the two front panels are not joined) 3. Front panels are formed and attached to the front panels; 4. Back yoke is attached to the back panels; 5. Back pockets are formed and attached to back panels and left and right back panels are joined by stitching the seat seam; 6. Belt loops are cut and sewn.

Country B:
1. Zipper is attached to the right fly;
2. Right and left front panels are joined and front seam is sewn; 3. Front and back panels are joined by sewing the side seams and inseams; 4. Waistband is attached to the front and back panels; 5. Legs are hemmed;
6. Buttons are attached and buttonholes slit; 7. Finishing;
8. Packing.

Country A: Option II:
1. Piece goods are cut into shaped components; 2. Left fly and zipper are sewn and assembled to the left front panel; 3. Front pockets are formed and attached to the front panels; 4. Right and left front panels are joined to the right fly and front seam is sewn completing the front rise; 5. Back yokes are attached to back panels and back pockets are formed and attached to back panels (the right and left back panels are not attached); 6. Belt loops are cut and sewn.

Country B:
1. Right and left back panels are joined by sewing seat seam; 2. Front and back panels are joined by sewing side seams and inseams; 3. Belt loops are attached;
4. Waistband is attached to the front and back panels; 5. Legs are hemmed;
6. Buttons are attached and buttonholes slit; 7. Finishing;
8. Packing.

The manufacturing operations for the men's twill trousers are as follows: Country A: Option I:
1. Piece goods are cut into shaped components; 2. The fly and zipper are sewn and assembled to the left front panel; 3. Pleats are sewn onto each front panel and each front panel is overlooked to prevent unraveling; (the two front panels are not joined at any point) 4. Front pockets are formed and attached to the front panels; 5. Pleats are sewn onto each back panel and each back panel is overlocked to prevent unraveling; 6. Back besom pockets (also known as welt or slit pockets) with pocket flap are formed and attached to back panels; buttons and buttonholes are sewn onto pockets and flap respectively; 7. Back seam is sewn joining the left and right back panels together; 8. Interlining is fused and attached to the waistband panel and labels are attached to the waistband; 9. Belt loops are cut and sewn.

Country B:
1. Zipper is attached to the right fly;
2. The left and right front panels are joined and the front seam is sewn; 3. Front and back panels are joined by sewing the side seams and inseams; 4. Belt loops are attached;
5. Waistband is attached to the front and back panels; 6. Legs are hemmed;
7. Buttons are attached and button holes are slit; 8. Finishing;
9. Packing.

Country A: Option II:
1. Piece goods are cut into shaped components; 2. Left fly and zipper are sewn and assembled to the left front panel; 3; Pleats are sewn onto each front panel and each front panel is overlocked to prevent unraveling; 4. Front pockets are formed and attached to front panels; 5. Right and left front panels are joined to the right fly and front seam is sewn completing the front rise; 6. Pleats are sewn onto each back panel and back panels are overlocked to prevent unraveling; 7. Back besom pockets with pocket flap are formed and attached to back panels; buttons and buttonholes are sewn onto pockets and flap, respectively; 8. Interlining is fused and attached to the waistband panel and labels are attached to the waistband; 9. Belt loops are cut and sewn.

Country B:
1. Right and left back panels are joined by sewing seat seam; 2. Front and back panels are joined by sewing side seams and inseams; 3. Belt loops are attached;
4. Waistband is attached to the front and back panels; 5. Legs are hemmed;
6. Buttons are attached and buttonholes are slit; 7. Finishing;
8. Packing.

The manufacturing operations for the men's woven shirt are as follows:

Country A:
1. Piece goods are cut into shaped components; 2. Collar components are sewn up as collar; 3. Cuffs components are sewn up as cuffs; 4. Sleeve plackets are sewn up and attached to sleeve panels; 5. Pocket is formed and attached on front panel; 6. front placket is formed on front panels; 7. Buttons are attached and buttonholes are slit; 8. Label is sewn on back yoke;
9. Back yoke is attached to back panel.

Country B:
1. Join front and back panels;
2. Join sleeve;
3. Join cuffs on sleeve panel;
4. Attach collar;
5. Join side seam and underarm seam;
6. Hem;
7. Finishing;
8. Packing.

ISSUE:

What are the countries for the subject merchandise.

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 F 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 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 garments are not wholly assembeld in a single country, Section 102.21(c)(2) is inaplicable.

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 5-pocket jeans under Option I country B is the country of origin as the most important assembly processes take place there- operations 1,2,3 and 4 as listed above; under Option II country A is the country of origin as the most important assembly processes take place there- operations 2,3,4 and 5 as listed above.

In the case of the twill trousers under Option I the country of origin is country B as the most important assembly processes take place there- operations 1,2,3, and 5 as listed above; under Option II Country A is the country of origin as the most important assembly operations take place there- operations 2,4, and 5 as listed above.

In the case of the men's woven shirt country B is the country of origin as the most important assembly processes take place there- 1,2,3, and 4 as listed above.

HOLDING:

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 CAR 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 Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director,

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