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NY C88988


June 26, 1998

CLA-2-RR:NC:TA:355 C88988

CATEGORY: CLASSIFICATION

Mr. Steven B. Zisser

Law Offices of Steven B. Zisser

2155 Paseo de las Americas

San Diego, CA 92173

RE: Classification and country of origin determination for men's and boys' woven cotton pants; 19 C.F.R. §102.21(c)(4)

Dear Mr. Zisser:

This is in reply to your letter dated June 9, 1998 requesting a classification and country of origin determination for men's and boys' woven cotton pants which will be imported into the United States.

FACTS:

The subject merchandise consists of men's and boys' woven cotton pants.

The manufacturing operations for the pants are as follows:

Proposed Operation 1.

China:

1) Fabric is cut into component parts.

2) Waistband sewn.

3) Sewing of left front facing, left front pocket lining to
left front leg panel.

4) Sewing of right front facing, right front pocket lining, coin pocket to right front leg panel.

5) Sewing of left fly and zipper to left front leg panel.

6) Assemble left back yoke to left back panel.

7) Assemble right back yoke to right back panel.

8) Assemble left back pocket to left back panel.

9) Assemble right back pocket to right back panel.

Hong Kong:

1) Assemble right fly to left front panel and right front
panel.

2) Assemble left back panel and right back panel.

3) Assemble left front panel to left back panel(sideseams).

4) Assemble right front panel with right back
panel(sideseams)

5) Assemble left front panel with left back panel(inseams).

6) Assemble right front panel with right back
panel(inseams).

7) Attach waistbands to front and back panels.

8) Attach care and origin labels to garment.

9) Legs hemmed.

China:

1) Button and button holes are sewn to waistband.

2) Belt loops are attached to waistband.

3) Bartacking and rivet tacking on left fly, belt loops,
left back pocket and right back pocket.

5) Trimming loose threads.

6) Quality control inspection

7) Washing, Ironing, Pressing.

8) Packing.

In Proposed Operation 2 the same manufacturing processes listed above for China will again be done in China; the manufacturing processes listed for Hong Kong above will be performed in Indonesia in Proposed Operation 2.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the sample submitted, boys' woven cotton blue denim pants, will be 6203.42.4035 Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for boys' woven cotton blue denim pants. The rate of duty will be 17.3& ad valorem.

The submitted sample falls within textile category designation 347. 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.

As the garment 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 attaching of the front and back panels, the assemble of the right fly to the right and left front panels and the attaching of the waistbands to the front and back panels constitute the most important assembly processes. Accordingly, the countries of origin of the pants are Hong Kong for Proposed Operation 1 and Indonesia for Proposed Operation 2.

HOLDING:

The countries of origin of the pants are Hong Kong and Indonesia. Based upon international textile trade agreements products of Hong Kong and Indonesia 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 C.F.R. §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 C.F.R. §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 C.F.R. §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,


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