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NY E89446





December 1, 1999

CLA2-RR:NC:WA:355 E89446

CATEGORY: CLASSIFICATION

Ms. Carol Beck
Jem Sportswear
459 Park Avenue
San Fernando, CA 91340

RE: Classification and country of origin determination for cotton shirts for men; 19 CFR 102.21(c)(4)

Dear Ms. Beck:

This is in reply to your letter dated November 3, 1999, requesting a classification and country of origin determination for woven cotton shirts which will be imported into the United States.

FACTS:

The subject merchandise consists of men’s woven cotton shirts. You have indicated four different manufacturing operations of the same style number numbers.

The manufacturing operations for the woven cotton shirts are as follows:

Manufacturing Process A

Pakistan:

1. The fabric was formed and cut.
2. Sleeve and sleeve placket assembled.
3. Cuffs and collar assembled.
4. Shirt front with placket and pocket assembled. 5. Shirt back with yoke assembled.

Nicaragua:

1. Back panel with front panel joined at shoulder. 2. Set collar to neckline.
3. Set cuff to sleeve.
4. Close sleeve.
5. Join sleeve to body.
6. Close side seam.
7. Hem shirt
8. Sew buttons and button holes.
9. Label garment.
10. Trim garment.
11. Quality control.
12. Press, fold and package.

Manufacturing Process B

Pakistan:

1. Fabric formed and cut.
2. Join yoke to shirt back.
3. Assemble placket and pocket to shirt front panels. 4. Join front and back at shoulder.
5. Assemble sleeve placket with sleeve.
6. Close sleeve underarm.
7. Join cuff to sleeve.
8. Assemble collar.

Nicaragua:

1. Join collar to shirt.
2. Label garment.
3. Set finished sleeve to shirt.
4. Close underarm.
5. Hem garment.
6. Buttons and button holes.
7. Trim garment.
8. Quality control.
9. Press, fold, package.

Manufacturing Process C

Pakistan:

1. Fabric formed and cut in Pakistan.
2. Assemble collar.
3. Join yoke to back panel.
4. Assemble placket and pocket to front panels. 5. Join front and back at shoulder.
6. Join collar to shirt neck.
7. Assemble cuffs.
8. Assemble sleeve plackets to open sleeve.

Nicaragua:

1. Close sleeve underarm.
2. Attach cuff.
3. Attach sleeve to body.
4. Close side seam.
5. Hem garment.
6. Label garment.
7. Buttons and button holes.
8. Trim garment.
9. Quality control.
10. Press, fold and package.

Manufacturing Process D

Pakistan:

1. Fabric formed and cut.
2. Set yoke to back panel.
3. Assemble placket and pocket to front panel. 4. Assemble sleeve placket to sleeve.
5. Close sleeve underarm.
6. Join cuff to sleeve.
7. Assemble collar.

Nicaragua:

1. Join front and back panels at shoulder. 2. Set sleeve.
3. Set collar.
4. Close side seams.
5. Hem garment.
6. Label garment.
7. Button and button holes.
8. Trim.
9. Quality Control.
10. Press, fold and package.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style M40003 regular sizes, M40020 tall sizes, M40021 big sizes will be 6205.20.2046, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ woven shirts: of cotton: other, other: other: with two or more colors in the warp and/or the filling: napped. The rate of duty will be 20.4 percent ad valorem. The rate of duty for the year 2000 will be 20.2 percent ad valorem.

Styles M40003, M 40020and M40021 fall within textile category designation 340. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

At the present time there are no quota restrictions or visa requirements for cotton shirts from Nicaragua. Products of Pakistan are subject to quota restrictions and visa requirements.

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 wholly assembled in a single country, territory or insular possession.

As the garments are 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".

The most important assembly processes are:

Manufacturing Process A- Nicaragua; processes 1,4,5 and 6.

Manufacturing Process B- Pakistan; processes 4,6and 7.

Manufacturing Process C- Pakistan; processes 5 and 6.

Manufacturing Process D- Nicaragua; processes 1,2,3 and 4.

HOLDING:

The country of origin for manufacturing process A and D is Nicaragua. The country of origin for manufacturing process B and C 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 Gerard Shea at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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