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NY D81780





September 16, 1998

CLA-2-RR:NC:3:353 D81780

CATEGORY: CLASSIFICATION

Mr. Jack Seymour
American Uniform Co.
P.O. Box 2130
Cleveland, TN 37320-2130

RE: Classification and country of origin determination for a cotton coverall; 19 CFR 102.21(c)(2); tariff shift.

Dear Mr. Seymour:

This is in reply to your letter dated August 20, 1998, requesting a classification and country of origin determination for a cotton coverall which will be imported into the United States. A sample of the item was provided with the request.

FACTS:

The subject merchandise consists of a 100% cotton twill fabric work coverall which comes in assorted colors. It has metal buttons on the cuffs and on the left over right closure. The front of the coverall has two sewn on chest pockets, two waist level side slash pockets and two side openings that allows the wearer to reach items in any pockets that may be underneath. The back has two sewn on rear pockets and an additional rear pocket that measures approximately 3 x 9 inches.

The manufacturing operations for the cotton coverall are as follows:

CHINA

The fabric is woven and vat dyed.

PAKISTAN

The fabric is cut into 4 front panels, 4 back panels, pockets and collar, etc., and sewn together.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the cotton coverall will be 6211.32.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, men's or boys': Of cotton...Coveralls, jumpsuits and similar apparel: Other: Men's." The rate of duty will be 8.4%.

The cotton coverall falls within textile category designation 359. 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

6210 - 6212 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through
6212 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 item was wholly assembled in a single country, that is, Pakistan, as per the terms of the tariff shift requirement, country of origin is conferred in Pakistan.

HOLDING:

The country of origin of the cotton coverall is Pakistan. Based upon international textile trade agreements products of Pakistan 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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