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NY F83753




April 4, 2000

CLA2-RR:NC:TA:360 F83753

CATEGORY: CLASSIFICATION

Ralph Natale
Executive Vice President
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

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

Dear Mr. Natale:

This is in reply to your letter dated March 8, 2000, on behalf of Shinko American Inc., requesting a classification and country of origin determination for a women's woven blouse which will be imported into the United States.

FACTS:

The subject merchandise consists of a women's blouse manufactured from 100 percent polyester woven fabric. The pullover garment has long sleeves, a bateau neckline and extends from the shoulders to slightly below the waist. The garment has undergone a process that you refer to as "knotting", which gives the garment an all-over puckered effect.

In your letter you also mention a dress. No sample was submitted. Without a sample and an accurate and complete description of the manufacturing process involved, we cannot provide a ruling on that garment.

The manufacturing operations for the blouse are as follows:

JAPAN
fabric is woven and exported to China

CHINA
fabric is cut and sewn into a blouse the fabric of the blouse is gathered into knots and tied to create a pucker effect the "knotted" garment is shipped to Japan

JAPAN
post production processing performed: heat setting and removal of knotting blouses are packed for shipping to the United States

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 blouses of man-made fibers. The rate of duty will be 27.6 percent ad valorem.

The blouse falls within textile category designation 641. 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

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 blouse is assembled in a single country, that is, China, as per the terms of the tariff shift requirement, the country of origin is conferred in China.

HOLDING:

The country of origin of the blouse is China. Based upon international textile trade agreements products of China 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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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