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NY F85622




May 10, 2000

CLA261:RR:NC:TA:361 E85622

CATEGORY: COUNTRY OF ORIGIN

Ms. Selena Han
Operation Management
Nikita, Inc.
1384 Broadway, suite 328
New York, NY 10018

RE: Country of Origin determination for a pair of women’s knit trousers; 19 CFR 102.21(c)(4); tariff shift.

Dear Ms. Han:

This is in reply to your letter dated April 20, requesting a country of origin determination for a pair of trousers, said to be unisex, on behalf of Polytex (Maldives) Pvt. Ltd. The garment will be returned, as you requested.

FACTS:

The submitted garment is a pair of pull-on trousers constructed from 95% cotton, 5% spandex knit fabric. The trousers have an elasticized and drawstring waistband, zippered side seam pockets, and hemmed leg openings with a zipper extending upward approximately six inches. You have described the manufacturing operations for the garments as follows:

China

Attach side seam pockets and zippers
Hem bottom of panels
Attach bottom zippers
Attach panels at outside seams
Create two button holes at waistband (for drawstring)

Honduras

Join panels at center front rise and center back rise Sewn inseams
Sewn in main label at center back
Set in drawstring (stretch cord) with toggle Attach waistband

ISSUE:

What are the classification and country of origin of the garment?

CLASSIFICATION:

The applicable subheading for style 10130 will be 6104.62.2011, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’strousersknitted or crocheted: of cotton. The rate of duty will be 15.6 percent ad valorem.

Style 10130 falls within textile category designation 348.

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”:

6101–6117
If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 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, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric-making process.

If the good is knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knit-to-shape components are knit in a single country, territory, or insular possession.

The subject merchandise is classified as woman’s trousers in headings 6104. The subject merchandise consists of two or more components, that are not knit to shape. As the trousers are 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:” 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 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 trousers, the most important assembly process occurs at the time where the front and back rises are joined; the inseams are sewn; and the waistband attached. Consequently, the country of origin of the subject trousers is Honduras, the country in which those operations are performed.

HOLDING:

The country of origin for the submitted trousers is Honduras. Based upon international textile trade agreements, this product of Honduras is not, at present, subject to quota restraints or 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 C.F.R. 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 C.F.R. 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 C.F.R. 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 Angela De Gaetano at 2126377029.

Sincerely,

Robert B. Swierupski
Director,

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