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NY E87885




October 13, 1999

CLA261:RR:NC:TA:361 E87885

CATEGORY: CLASSIFICATION

Mr. Robert T. Stack
Tompkins & Davidson, LLP
Counselors At Law
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: Classification and Country of Origin determination for women's trousers; 19 CFR 102.21(c)(4); most important assembly or manufacturing process.

Dear Mr. Stack:

This letter replaces ruling E85850 issued to you on September 28, 1999. You have indicated that the fiber content was incorrectly identified as 94% cotton, 6% spandex. The correct fiber content is 70% cotton, 30% nylon. The ruling request was made on behalf of Jones Apparel Group, (USA), Inc.

FACTS:

Two styles of women’s woven trousers were submitted – style P1T520082 and style P2550902, which will be imported under style numbers, P2750902 and P5650902 for missy, petite and women’s styles, respectively. Style P1T520082 is constructed from 95% cotton, 5% spandex woven fabric. The trousers feature a waistband with five belt loops; a front zipper; a left over right button closure at the waistband; five pockets; and a hemmed bottom. Notwithstanding the direction of the closure, the trousers are cut for a woman.

Style P2550902 is constructed from 70% cotton, 30% nylon woven fabric. The trousers extend to the ankles and feature a drawstring waistband with a hook and eye closure; pockets; a front zipper; and hemmed leg openings with drawstrings. You have described the manufacturing operations for the garments as follows:

Style P1T520082

Sri Lanka
· Pattern is designed and graded
· Fabric is marked according to pattern

Republic of the Maldives
· Fabric is cut to pattern
· Front and back pockets are sewn to the body panels · Front rise is joined with the zipper attached

Sri Lanka

· Back rise is sewn
· Outside leg seam and in-seam are sewn
· Waistband is attached to the front and back panels · Legs are hemmed
· Belt loops are attached
· Buttons and button holes are sewn
· Rivets and patches are attached
· Quality Control
· Washing, Pressing and Packing

Style P2550902

Sri Lanka
· Pattern is designed and graded
· Fabric is marked according to pattern

Republic of the Maldives
· Fabric is cut to pattern
· Front and back pockets and pocket flaps are created and sewn to the body panels · Front rise is joined with the zipper attached · Pleats are sewn at the knee

Sri Lanka

· Back rise is sewn
· Outside leg seam and in-seam are sewn
· Drawstring is inserted and waistband is folded and sewn · Drawstring is inserted and bottom hems are sewn · Leg pocket is attached
· Buttons are sewn
· Quality Control
· Washing, Pressing and Packing

ISSUE:

What are the classification and country of origin of the submitted styles of trousers?

CLASSIFICATION:

The applicable subheading for both styles of trousers will be 6204.62.4020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s...trousers...: of cotton. The rate of duty will be 17.2 percent ad valorem.

The trousers fall within textile category designation 348.

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 foreign material 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) 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”:

6201-6208
(1) 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.

(2) If the good does not consist of two or more component parts, a change to heading 6201 through 6208 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabricmaking process.

The subject merchandise is classified as women’s woven trousers in heading 6204, HTSUS. The subject merchandise consists of two or more components. As the garments are not wholly assembled in a single country, the terms of the tariff shift are not met.

Paragraph (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 to shape nor wholly assembled in a single country, paragraph (c)(3) is inapplicable.

Paragraph (c)(4) states that, “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 operations occur at the time that the front rise and zipper are sewn and the pockets attached in the Maldives. Accordingly, the country of origin for the subject merchandise is the Maldives.

HOLDING:

The country of origin of both styles of trousers is the Maldives. Based upon international textile trade agreements products of the Maldives are subject to 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 Angela De Gaetano at 2126377029.

Sincerely,

Robert B. Swierupski
Director,

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