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NY E89011





December 17, 1999

CLA262:RR:NC:TA:360 E89011

CATEGORY: CLASSIFICATION

Ms. Lisa Momono
Import Development Manager
Koret of California
505 Fourteenth Street
Oakland, CA 94612RE: Classification and Country of Origin determination for a woman's woven shirt; 19 CFR 102.21(c)(4); most important assembly or manufacturing process.

Dear Ms. Momono:

This is in reply to your letter dated November 17, 1999, requesting a classification and a country of origin determination for a woman’s woven shirt.

FACTS:

The subject merchandise is a woman’s woven shirt, style 581112. The shirt is constructed from 100% cotton woven fabric. The patchwork shirt has a pointed collar, long sleeves with button cuffs, a full front opening secured by six buttons, side slits, pockets below the waist and a hemmed bottom. There is a back yoke and the front panels have horizontal and vertical seams.

You have described the manufacturing operations for the shirt as follows:

CHINA

Fabric is formed.
The back yoke is sewn to the back panel.
The components forming the front panels are joined. The patches on the front panels are sewn. The bottom hem is sewn.
The front pockets are sewn.
The collar is made.
The cuffs are made.
The sleeve placket is made and sewn.
The back patch is sewn to the inside back yoke. The front placket is sewn.
The pocket lining is made.

HONG KONG

The sleeves are joined to the body.

The side seams are sewn joining the front and back panels. The sleeve seam is sewn.
The cuffs are sewn to the sleeves.
The front and back panels are joined at the shoulder seam. The collar is attached to the body.
The side slits are sewn.

ISSUE: What are the classification and country of origin of the shirt?CLASSIFICATION: The applicable subheading for style 581112 will be 6206.30.30.3010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s shirt of cotton with two or more colors in the warp and/or the filling. The rate of duty will be 15.9 percent ad valorem. In 2000, the rate of duty will be 15.8 percent ad valorem. Style 581112 falls within textile category designation 341. 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 a woman’s woven shirt in heading 6206, HTSUS. The subject merchandise consists of two or more components. As it is 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 and back panels are joined at the shoulder, the sleeves are closed and joined to the body and the side seams are closed. These operations are performed in Hong Kong. Accordingly, the country of origin for the subject merchandise is Hong Kong.HOLDING:

The country of origin of the shirt 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 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 2126377080.

Sincerely,

Robert B. Swierupski Director, National Commodity Specialist Division

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