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NY G80549





August 16, 2000

CLA2-RR:NC:WA:355 G80549

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 100 percent cotton woven men’s pant; 19 CFR 102.21(c)(4)

Dear Mr. Travis:

This is in reply to your letter dated August 9, 2000, requesting a classification and country of origin determination for men’s cotton woven pants, which will be imported into the United States. Your request was made on behalf of Textile Council of Hong Kong. Your sample will be returned as you have requested.

FACTS:

The subject merchandise, style 3, consists of men’s 100 percent cotton woven trousers. The trousers feature two front welt pockets, two back welt pockets, one coin pocket, back yokes, a waistband with belt loops, a zipper opening at each ankle, and a fly with a zipper closure. The trousers are lined with 100 percent acetate woven fabric.

The manufacturing operations for the trousers are as follows:

Sourcing of the raw materials:

Korea

100 percent cotton woven fabric

Hong Kong

100 percent acetate woven fabric non-woven interlining zipper sewing thread labels buttons

Manufacturing Steps:

Country A:

Fabric is cut into component parts
Fusing of interlining
Sewing back darts on back lining panels
Making up of complete lining by overlocking four lining panels together Sewing back darts
Sewing of welt pockets to front panels
Sewing of welt pockets to back panels
Making up of front panels
Making up of back panels
Sewing of zipper and zipper fly to left front panel Topstitching front fly
Joining of outer side seams
Sewing zippers at ankles
Making up of waistband
Making up of belt loops

Country B:

Joining of inseams
Setting zipper fly to right front panel and joining of front rise seam Joining of back rise seam
Assembling of lining panels to shell panels Setting of waistband and setting belt loops Sewing label
Sewing of button and button hole
Finishing bottom hems
Bartacking

Country A:

Thread trimming
Ironing
Attaching hangtags
Packing
Packaging

Note: Israel is not one of the countries involved in this entire process.

ISSUE:

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

CLASSIFICATION:

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

The trousers 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 change is the result of the good being wholly assembled in a single country, territory, or insular possession.

Section 102.21(e) states that the trousers must be wholly assembled in a single country, territory or insular possession. Accordingly, as the trousers do not meet this 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 case of the subject merchandise, joining the inseams, setting the zipper fly to the right front panels and joining the front rise seam, joining the back rise seam, assembling the lining panels to the shell panels, setting the waistband and belt loops, sewing the label, sewing the button and buttonhole, finishing the bottom hems and bartacking constitute the most important assembly processes. Accordingly, the country of origin of the trousers is Country B.

HOLDING:

The country of origin of the trousers is Country B.

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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