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NY C89908


July 22, 1998

CLA-2-RR:NC:WA:357 C89908

CATEGORY: CLASSIFICATION

Mr. Scott D. Noe

Tower Group International

8210 2nd Avenue

Seattle, WA 98104-1476

RE: Classification and country of origin determination for men's jackets; 19

Dear Mr. Noe:

This is in reply to your letter dated June 25, 1998, on behalf of High Sierra Sport Co., requesting a classification and country of origin determination for four men's jackets which will be imported into the United States.

FACTS:

The subject merchandise consists of men's woven polyester outerwear jackets lined with polyester microfiber fabric. The style numbers are C1714, C1512, C1711 and C1514.The garments are stated to be water resistant

The manufacturing operations for the jackets are as follows:

China (1)

-Taiwanese fabric is shipped to China where it is cut into components;

-cuffs are sewn;

-pockets are sewn and set to the front panels;

-yoke is sewn and set;

-collar is sewn;

-lining is sewn;

-plackets are sewn.

The merchandise is then shipped to Hong Kong where the following processes are performed:

Hong Kong

-shoulders are joined;

-collar is set;

-plackets are set;

-sleeves are set;

-cuffs are set;

-side seams are closed;

-lining is attached.

China (2)

-buttons, zippers and trimming attached;

-merchandise inspected and packed, then sent to Hong Kong for shipment to the United States.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the jackets will be 6201.93.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men's or boys' water resistant anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 7.4 percent ad valorem.

These jackets fall within textile category designation 634. 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, and 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 of the body panels, sleeves and other components indicated and the insertion of the lining constitute the most important assembly processes. Accordingly, the country of origin of the jackets is Hong Kong.

HOLDING:

The country of origin of the jackets 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 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 W. Raftery at 212-466-5851.

Sincerely,


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