United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY F83017 - NY F83066 > NY F83040

Previous Ruling Next Ruling
NY F83040





February 25, 2000

CLA2-RR:NC:WA:355 F83040

CATEGORY: CLASSIFICATION

Mr. James Lin
Jann Hsin Enterprise Co., Ltd.
No. 43 Ming Chih St.
Pan Chiao City, Taipei
Hsien Taiwan R.O.C.

RE: Classification and country of origin determination for men’s swim trunks; 19 CFR 102.21(c)(4)

Dear Mr. Lin:

This is in reply to your letter dated February 10, 2000, requesting a classification and country of origin determination for men’s swim trunks, which will be imported into the United States.

FACTS:

The subject merchandise consists of style 32013003, men’s woven 100 percent nylon swim trunks with a 100 percent polyester mesh lining and elasticized waistband with a functional drawstring.

The manufacturing operations for the swim trunks are as follows:

In China:

(1) The shell fabric is cut into component parts. (2) The left front panel is joined to the left back panel, creating the left side pocket and the outer left side seam. (3) The right front panel is joined to the right back panel, creating the right side pocket and the outer right side seam. (4) A left front cargo pocket is sewn onto the left panels, encompassing the front and back panels. (5) A right front tab with a D ring is attached. (6) An inner coin pocket is sewn.

In Taiwan:

(7) The inner lining fabric is cut.
(8) The front and back inseam is sewn
(9) The right front panel is joined to the left front panel, forming the front rise. (10) The right back panel is joined to the left back panel, forming the back rise. (11) The lining is sewn to the shell and the waistband is formed. (12) The coin pocket is sewn into the waistband (13) The drawstring is threaded through, the merchandise is pressed and packed.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style 32013003 will be 6211.11.1010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for track suits, ski-suits and swimwear, other garments: swimwear: men’s or boys’, of man-made fibers, men’s. The rate of duty will be 28.5 percent ad valorem.

The swim trunks fall within textile category designation 659. 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.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.

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

6210 – 6212 If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 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 garment is 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".

In the case of the subject merchandise, steps 8, 9, and 10 constitute the most important assembly processes. Accordingly, the country of origin of the swim trunks is Taiwan.

HOLDING:

The country of origin of the swim trunks is Taiwan. Based upon international textile trade agreements products of Taiwan 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 section 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 355 at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: