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NY F89588





August 4, 2000

CLA2-RR:NC:WA:357 F89588

CATEGORY: CLASSIFICATION

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

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

Dear Mr. Travis:

This is in reply to your letter dated July 12, 2000, on behalf of Tristate Holdings Limited, requesting a classification and country of origin determination for men’s woven trousers which will be imported into the United States.

FACTS:

The subject merchandise, style S/01131, is a pair of men’s trousers made from a 100% nylon woven fabric with a visible coating on the inner surface. The garment has an elasticized waist with a drawstring threaded through it, side seam pockets, a right rear pocket, a patch pocket with a flap and VELCRO-type closure on the right leg, elasticized leg bottoms and a horizontal zipper on each leg for converting the garment from ankle length to shorter. The garment is unlined.

The manufacturing operations for the trousers are as follows:

Korea:

100% nylon woven fabric

Hong Kong:

Elastic band
Drawstring
Magic tape
Zippers
Snaps
Sewing thread
Labels

Fabric is cut into component parts
Side seam pockets sewn to front panels
Side pocket and flap sewn to front panel
Back welt pocket sewn to back panel
Lower leg panels sewn with detachable zippers

Country ‘B’ (China, Hong Kong, Taiwan or the Philippines):

Upper leg front and back panels are joined at side seams Complete sewing of side pockets and flap to back panel Sewing of detachable zippers to upper legs Sewing of front and back rises
Sewing of inseams
Sewing of elasticized waist and attach drawstring Sewing of elasticized hems
Attach labels
Trim threads
Iron
Attach hangtags
Packaging, packing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the trousers will be 6210.40.5030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men’s or boys’ trousers, breeches and shorts, of man-made fibers, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907.

The trousers fall within textile category designation 647. 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 subject merchandise is not wholly assembled in a single country, territory, or insular possession, the terms of the tariff shift are not met.

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 joining of the side seams, the inseams, and the front and back rises constitute the most important assembly processes. Accordingly, the country of origin of the trousers is country “B,” China, Hong Kong, Taiwan or the Philippines.

HOLDING:

The country of origin of the trousers is country “B,” China, Hong Kong, Taiwan or the Philippines. Based upon international textile trade agreements products of all these countries 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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