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NY F89888




August 9, 2000

CLA2-RR:NC:TA:360 F89888

CATEGORY: CLASSIFICATION

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

RE: Classification and country of origin determination for women's woven suits; 19 CFR 102.21(c)(4); most important assembly or manufacturing process

Dear Mr. Travis:

This is in reply to your letter dated July 18, 2000, on behalf of Hong Kong Holdings Limited, requesting a classification and country of origin determination for women's woven suits which will be imported into the United States. The sample of the completed garments and garment parts will be returned, as you requested.

FACTS:

The submitted sample, designated as style S/62009/62010, consists of a women's suit jacket and skirt made of identical woven fabric produced from 65% polyester and 35% viscose fibers. Both garments are tailored and fully lined with a 100% polyester woven fabric. The jacket is constructed from four panels sewn together lengthwise. It features short sleeves, a full front opening secured by five buttons, a flared or peplum waist and a V-neckline without a collar. The two front panels are constructed from three horizontal panels sewn along their lengths but which meet at the side seams, creating a full panel on either side of the front opening. The skirt has a waistband, front and rear darts, a rear zipper closure secured by a button. You note that the submitted samples are of different sizes but will be matched in size when imported and sold. These garments meet the requirements for a suit as set out in Note 3(a) to Chapter 62, HTSUS.

You have indicated that the garments will be produced in China and Hong Kong and/or other countries such as Thailand, or Taiwan or the Philippines. You have requested that we provide a ruling on the basis of the designations "A" and "B", as the countries of production may change. Israel will not be one of the countries of production. The fabric of the garment shell will be sourced in Japan; the lining fabric will be sourced in Korea; the interlining, and other items such as hooks and eyes, zippers will be sourced in Hong Kong.

You have described the manufacturing operations as follows:

SCENARIO A

JACKET

Country "A":
fabric for shell and lining is cut into component parts interlining is fused to cut parts front horizontal seams are joined and topstitched front lining is joined to front facing and front panels button and buttonholes are sewn front facing is joined to front panels center back seam and peplum are joined back lining is joined to back neck facing shell sleeves are sewn sleeve linings are sewn labels are sewn sleeve lining is joined to shell sleeve

Country "B":

Assembly of lining: front and back lining panels are joined at shoulders side seams of lining are joined

2. Assembly of shell: front and back panels are joined at shoulder seams side seams are joined

3. shell sleeves are set to body at armholes 4. sleeve heads and shoulder pads are set 5. back body lining is set to back shell
6. jacket turned over and sleeve lining seams closed 7. labels are sewn
8. thread trimming
9. ironing
10.attaching hangtags
11.packing and packaging

SCENARIO B

Country "A":
fabric for shell and lining is cut into component parts interlining is fused to cut parts front horizontal seams are joined and topstitched front facing is joined to front panels button and buttonholes are sewn center back seam and peplum are joined back lining is joined to back neck facing shell sleeves are sewn sleeve linings are sewn labels are sewn

Country "B":

1. Assembly of lining front and back lining panels are joined at shoulders side seams of lining are joined side seam of lining sleeve panels are closed to form sleeve

2. Assembly of shell: front and back panels are joined at shoulder seams side seams are joined side seam of shell panels are closed to form sleeve shell sleeves are set to body at armholes
sleeve heads and shoulder pads are set lining is set to shell jacket turned over and sleeve lining seams closed labels are sewn thread trimming ironing attaching hangtags packing and packaging

SKIRT**

Country "A":
fabric is cut into component parts interlining is fused to cut parts panels are overlock stitched front and back darts of shell are sewn sewing of front and back darts of lining back panel sewn with zipper and vent back lining is set to vent of shell waistband is sewn buttonhole is sewn on waistband

Country "B":
front and back panels of shell are joined at side seams front and back lining panels are joined at side seams waistband is attached lining is set to shell hanging loops are sewn labels are sewn hem is sewn buttoning thread trimmed hangtags attached ironing and packing

* *Please note: there is no scenario B for the skirt

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style S/62009/62010 will be 6204.13.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's woven suits of synthetic fibers. The rate of duty will be 36.2 cents/kg plus 26.5 percent ad valorem.

Style S/62009/62010 falls within textile category designation 644. 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.

If the good does not consist of two or more component parts, a change to heading 6201 through 6208 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, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabricmaking process.

The subject merchandise is classified as women’s woven suits in heading 6204, HTSUS. The subject merchandise consists of two or more components. As it is not wholly assembled in a single country, 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 most important assembly operations for the jacket occur where the shell panels are assembled, the front and back panels are joined at the shoulders, the sleeve panels are sewn to the front and back panels at the armholes, the side seams of the sleeve panels are closed to form sleeves, the side seams joining the front and back panels are closed, the lining panels are assembled and joined to the shell. For the skirt, the most important assembly operations occur where the panels are assembled together with the lining and the waistband is attached. For both garments the most important assembly operations take place in Country "B". Accordingly, the country of origin of style S/62014 is Country "B".

HOLDING:

The country of origin of style S/62009/62010 is Country "B". Based upon international textile trade agreements the garment may be 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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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