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NY F89801





August 3, 2000

CLA2-RR:NC:WA:357 F89801

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 a men’s poncho; 19 CFR 102.21(c)(4)

Dear Mr. Travis:

This is in reply to your letter dated July 14, 2000, on behalf of Tristate Holdings Limited, requesting a classification and country of origin determination for a men’s woven poncho which will be imported into the United States.

FACTS:

The subject merchandise, style S/5468, is a poncho with an integral pack sewn onto the front. When the poncho is not being worn it may be rolled up and stored within the bag and worn around the waist. There is an adjustable web strap sewn into the bag for this purpose.

The poncho has two front panels, a back panel and two additional panels which extend over the shoulders joining the front and back panels. The item also has a partial front zipper opening, snaps along each side and a hood with an elasticized drawstring.

The manufacturing operations for the poncho are as follows:

Korea:

Seventy percent cotton/30% nylon woven fabric

Hong Kong:

Eyelet
Plastic buckle
Paper patch
Snaps
Drawstring
Nylon webbing tape
Sewing thread
Labels
Zipper

Fabric is cut into component parts
“Back-pack” pocket is formed
Sewing of front panels with “back-pack” pocket attached Zipper sewn to front panels
Sewing of back panels (i.e., back panel and panels extending over the shoulders) Sewing of hood panels
Sewing of adjustable tabs to back panel

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

Front and back panels are joined at the shoulders Hood is joined at neck seam
Sewing of neck tape
Sewing of facing along edges
Attaching labels
Attaching snaps
Thread trimming
Ironing
Attaching hangtags
Packaging and packing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for poncho will be 6201.12.2050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men’s overcoats, carcoats, capes, cloaks and similar coats, of cotton. The rate of duty will be 9.6 percent ad valorem.

The poncho falls within textile category designation 334. 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.

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 front and back panels from the neck to the bottom hem and the joining of the hood at the neck seam constitute the most important assembly processes. Accordingly, the country of origin of the poncho is Hong Kong, Thailand, Taiwan or the Philippines (Country “B”).

HOLDING:

The country of origin of the poncho is Hong Kong, Thailand, Taiwan or the Philippines, as the case may be. Based upon international textile trade agreements products of all of 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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