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NY F86451




May 3, 2000

CLA2-RR:NC:WA:355 F86451

CATEGORY: CLASSIFICATION

Ms. Estina Ang
Supertix (Fiji) Limited
No.1 Vesi Crescent, Waiyavi Stage 1, Lautoka Fiji Islands

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

Dear Ms. Ang:

This is in reply to your letter dated April 12, 2000, requesting a classification and country of origin determination for men’s pants which will be imported into the United States.

FACTS:

The subject merchandise consists of a pair of cotton pants which you have submitted without benefit of sizing specifications. The sample pants do not have any size labeled, nor do they appear to be of a men’s styling. However, since, in your letter, you state men’s pants, for purposes of this ruling, we will assume that the imported garment would meet design and sizing specifications for men’s pants, and that they will be made of cotton. The pants feature two slash front pockets, two back patch pockets, a buttoned waist and a zippered fly with a left over right fastening.

Two production scenarios are presented. For both, the fabric is formed in Hong Kong. You then refer to the two countries in which manufacturing operations take place as country “A” and country “B”. In the first scenario, the manufacturing operations for the pants are as follows:

SCENARIO 1:
the pattern is made and the fabric is marked the fabric is cut into component parts the left fly and zipper are sewn and assembled to the left front panel the front side pockets are formed and attached to the front panels the back pocket is formed and attached to the back panel the back seat seam is sewn, joining the left and right back panels together the interlining is fused and attached to the waistband panel labels are attached to the waistband belt loops are cut and sewn
the zipper is attached to the right fly the right and left front panels are joined the front seam is sewn the front and back panels are joined by sewing the side seams and the inseams belt loops are attached the waistband is attached to the front and back panels the legs are hemmed buttons are attached buttonholes are slit trimming, inspection, washing ironing and packing are performed

SCENARIO 2

We cannot rule on the second scenario as you have the same step being performed in both Country “A” and country “B” – namely, the joining of the right and left front panels and the sewing of the front seam. If you wish to review and clarify or correct your second production scenario, you may then wish to consider resubmitting your request for an origin determination on the second scenario.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pants will be 6203.42.4015, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ trousersand shorts, of cotton, other, other, trousers and breeches, men’s, other. The rate of duty will be 17 percent ad valorem.

The pants fall within textile category designation 347. 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 changes is the result of the good being wholly assembled in a single country, territory, or insular possession.

Section 102.21(e) states that the garment must be wholly assembled in a single country, territory or possession. Accordingly, as the shorts do not meet that criteria, 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 first scenario, in the case of the subject merchandise, the attaching of the zipper to the right fly, the joining of the right and left front panels, the sewing of the front seam, the attaching of the front and back panels by sewing the side seams and the inseams, attaching the waistband to the front and back panels, attaching the belt loops and buttons, slitting the buttonholes and hemming of the leg openings constitute the most important assembly processes. Accordingly, the country of origin of the pants, in Scenario 1, is country “B”

As we have stated above, we cannot rule on the second scenario

HOLDING:

The country of origin of the shorts is country “B” in the first scenario.

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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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