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January 20, 1999

CLA?2-RR:NC:TA:360 D85985

CATEGORY: CLASSIFICATION

Mr. Robert Follick
Follick & Bessich
One Exchange Place - Suite 915
Jersey City, NJ 07302

RE: Classification and country of origin determination for women’s woven garments; 19 CFR 102.21(c)(2); tariff shift

Dear Mr Follick:

This is in reply to your letter dated December 18, 1998, requesting a classification and country of origin determination on behalf of All Beauty Garment Co. Ltd. The garments are women’s woven blouses, dresses and suits which will be imported into the United States.

FACTS:

The subject merchandise consists of three garments: a blouse, a dress and a suit. No style designations were provided. All of the garments will be made from 100 percent polyester woven fabric. The blouse features short sleeves, a collar and a full front opening secured by six buttons. The dress is knee length and features short sleeves, a round neckline and a rear zipper closure. The suit will consist of a jacket and either a skirt or a pair of trousers. All of the components are of identical fabric construction, color and composition and of corresponding or compatible size. The jacket features long sleeves, a collar and lapel, a full front opening secured by two buttons and two patch pockets below the waist. The skirt extends to the knee and has a rear zipper closure. The trousers extend to the ankle and feature two slash pockets, a waistband with a button closure, a zippered fly front and a cuffed bottom.

The manufacturing operations for the garments are as follows:

Fabric produced in Korea (woven, printed and finished) will be imported into China.

In China the fabric is inspected and exported to Mongolia.

In Mongolia the fabric is cut into component parts and fully assembled into finished blouses, dresses and suits.

Completed garments are then shipped to China for inspection and shipment to the U.S.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the blouse will be 6206.40.3030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ blouses of man-made fibers. The rate of duty will be 27.8 percent ad valorem.

The applicable subheading for the dress will be 6204.43.4030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ dresses of synthetic fibers. The rate of duty will be 16.5 percent ad valorem.

The applicable subheading for the suit will be 6204.13.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s suits of synthetic fibers. The rate of duty will be 36.4 cents/kg + 26.7% ad valorem.

The blouse falls within textile category designation 641; the dress within textile category designation 636 and the suit within textile category designation 644. 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 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 assembled in a single country, that is, Mongolia, as per the terms of the tariff shift requirement, country of origin is conferred in Mongolia.

HOLDING:

The country of origin of the blouses, dresses and suits is Mongolia. Based upon international textile trade agreements products of Mongolia currently are not 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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