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NY D80965




September 11, 1998

CLA-2-RR:NC:62:360 D80965

CATEGORY: CLASSIFICATION

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

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

Dear Ms. Cumins:

This is in reply to your letter dated August 11, 1998, on behalf of Kasper A.L.S., Ltd., requesting a classification and country of origin determination for a women's woven jacket and skirt which will be imported into the United States. The submitted garments will be returned to you, as requested.

FACTS:

The subject merchandise consists of a women's jacket and skirt, style 30538P, composed of 100 % wool woven fabric. Both garments are fully lined with polyester woven fabric. The jacket is constructed from eight panels and features a full front opening secured by five buttons, a pointed colar and pockets below the waist. The collar, sleeve endings and pocket flaps are covered with color coordinated velveteen fabric. The skirt is composed of the same wool fabric as the jacket but does not contain any velvet fabric. It features a waistband, a rear zipper closure secured by a button, darts and a center, rear vent.

The manufacturing operations for the jacket are as follows:

CHINA:
cutting component pieces; sewing of front princess seam and open seam; sewing of tape onto front and back neck; making pocket flaps; making pocket and set flap onto pocket; making collar; sewing main and size label onto neck facing; sewing cuff onto sleeve; pressing sleeve hem; sewing of center back seam and pressing open; pressing bottom hem.

HONG KONG: sewing sleeve; joining side panels to front and back; joining shoulder seams; joining neck facing with front facing; setting collar; setting sleeves; setting sleeve heads; sewing shoulder pads; joining all lining seams and press; setting lining to shell; turning jacket over and closing sleeve lining seam.

CHINA:
marking of buttonhole position; making buttonholes; bartac buttonhole; marking button positon; sewing buttons; final pressing; final inspection; packing.

The manufacturing operations for the skirt are as follows:

CHINA:
cutting of the components; merrowing all skirt panels; sewing front and rear darts; finishing center back seam; pressing back vents; pressing waistband.

HONG KONG:
joining all lining seams; sewing hanging loops; setting zipper; joining front and back panels; setting lining to shell; setting waistband; top stitching.

CHINA:
blind stitching bottom hem; making buttonhole; sewing button; final pressing; final inspection; packing.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the jacket will be 6204.31.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's or girls' suit-type jackets and blazers of wool. The rate of duty will be 27.8 cents/kg + 19.6 percent ad valorem.

The applicable subheading for the skirt will be 6204.51.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's or girls' skirts of wool. The rate of duty will be 15.8 percent ad valorem.

This jacket falls within textile category designation 435; the skirt within 442. 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 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.

Accordingly, as the subject merchandise undergoes assembly operations in both China and Hong Kong, it does not qualify as "wholly assembled" in a single country. As such, 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 most important assembly for the jacket occurs at the time of the assembly of the outer shell, including the joining of the front, side and back panels at the shoulders, the joining of the sleeve panels to the front and back panels at the armhole, the closing of the side seams of the sleeve panels to form the sleeves, the closing of the side seams to join the front and back panels, the sewing of the cuffs to the sleeve panels, the sewing of the collar to the front and back panels, the assembly of the inner lining, the joining of the front and back lining panels at the shoulders, the closing of the side seams joining the front and back lining panels, and the joining of the outer shell and the inner lining. The most important assembly process for the skirt occurs at the time the side seams are sewn, center back seam is closed and the waistband is sewn. Accordingly, the country of origin of the jacket and skirt is Hong Kong.

HOLDING:

The country of origin of the jacket and skirt 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 Patricia Schiazzano at 212-466-5866.

Sincerely,

Robert B. Swierupski
Director,

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