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NY F84384





April 4, 2000

CLA2-RR:NC:62:WA: 357 F84384

CATEGORY: CLASSIFICATION

Mr. Frank J. Desiderio
Ms. Ellen A. DiLapi
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-3397

RE: Classification and country of origin determination for a men’s wool pea coat; 19 CFR 102.21(c)(4)

Dear Mr. Desiderio and Ms. DiLapi:

This is in reply to your letter dated March 8, 2000, on behalf of Tristate Industrial Co., Inc., requesting a classification and country of origin determination for a men’s 100% woven wool pea coat which will be imported into the United States. Samples of the finished garment and of the components at different stages of production were submitted. They are being returned as you requested.

FACTS:

The subject merchandise, style 21278, consists of a men’s single-breasted, mid-thigh length wool coat with a five-button, left-over-right closure. The garment has a nylon lining that is quilted to a thin batting, slant pockets at the waist and an inner pocket in the left chest area.

The manufacturing operations for the coat are as follows:

Wool fabric from Italy, lining fabric from South Korea, buttons from the United States and Hong Kong and accessories from Hong Kong are sent to China.

CHINA:

Shell, lining and fill are cut into component parts; Interlining is fused;
Front panels are sewn with pockets;
Back body panels are sewn;
Collar panels are sewn;
Front plackets are sewn;
Front lining panels are sewn with pockets; Back lining panels are sewn;
Sleeve lining panels are sewn.

PHILIPPINES:

Shell panel assembly:

Front and back panels joined at the shoulders; Sleeve panels sewn to front and back panels at the armholes; Side seams of sleeve panels closed to form the sleeves; Side seams of front and back panels joined and closed; Collar sewn onto the front and back panels.

Lining panel assembly:

Front and back lining panels joined at the shoulders; Sleeve lining panels sewn to front and back lining panels at the armholes; Side seams of sleeve lining panels closed to form sleeve linings; Side seams joining front and back lining panels closed; Labels and hanging loop sewn to the lining panels.

Shell and lining joined to form and complete the garment.

Front placket, bottom hem and sleeve hem of the garment topstitched.

Finishing operations performed, as follows:

Thread trimming;
Making button holes and attaching buttons; Ironing;
Attaching hang tags; e) Packaging and packing.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the coat will be 6201.11.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s overcoats, carcoats, capes, cloaks and similar coats, of wool or fine animal hair. The rate of duty will be 45.8 cents per kilo plus 18.2 percent ad valorem.

This coat falls within textile category designation 434. 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 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.

Section 102.21(e) states that goods consisting of two or more components must be assembled in a single country. Accordingly, as the assembly does not take place 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, the assembly of the body panels to each other, the assembly of the sleeves to the body panels, the assembly of the lining panels together and their attachment to the body panels constitute the most important assembly processes. Accordingly, the country of origin of the coat is the Philippines.

HOLDING:

The country of origin of the coat is the Philippines. Based upon international textile trade agreements products of the Philippines 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 W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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