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NY G81728




October 3, 2000

CLA2-RR:NC:WA:355 G81728

CATEGORY: CLASSIFICATION

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

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

Dear Mr. Travis:

This is in reply to your letter dated September 25, 2000, requesting a classification and country of origin determination for men’s denim shorts which will be imported into the United States. This request was made on behalf of Morgan Cooper, Inc.

FACTS:

The subject merchandise consists of men’s woven denim shorts, made of 100 percent cotton. The garment features two front slant pockets with Velcro tab closures, two zippered pockets on the front leg panels just below the front slant pockets, four wide belt loops (two in the front and two in the back), two back patch pockets with Velcro closures, a fly with a zipper closure and hemmed leg openings. The sample was identified as style MBS-680.

The manufacturing operations for the shorts are presented in two different manufacturing scenarios, identified as “I” and “II”. We assume, for purposes of this ruling, that the fabric is not formed in the US or a Nafta eligible country. You state in your letter that Israel is not one of the countries involved in either scenario.

The manufacturing steps you list for Scenario II are totally mixed up. You indicate processes by step numbers, and by doing so, have the waistband being attached in both Country A and B, and the setting and bar tacking of the belt loops taking place in both Countries A and B, and you do not account at all for finishing the zipper operation, nor for hemming the pant legs. You refer to a step “11” in Scenario II when no step 11 exists. We suggest that you review the manufacturing steps in Scenario II for completeness and, if you wish, resubmit your request when all facts have been ascertained. We would further suggest that you explicitly state what steps are performed by written description, rather than by relying on a number alone.

For these reasons, we are limiting our response to the facts as presented only in Scenario I.

The manufacturing operations for the shorts are as follows:

SCENARIO I

COUNTRY A:

The fabric is cut into component parts
Patch pockets and flap subassembled and attached to back panels Belt loops are formed
Bar tack pockets
Attach rear patch pockets
One end of belt loops attached to unfinished waist area Topstitch all pockets
Attach back yokes to back panels and topstitch Zipper attached to left front side of fly Waistband formed, labels attached
Buttonhole stitched and button attached to waistband Lowe portion of back panels attached
Back panels joined at back center
Front and back panels closed at outer side seams Stone/enzyme wash unfinished garment

COUNTRY B:

Sew inseams
Sew front rise
Setting zipper fly to right front panel
Attach waistband
Setting of belt loops and bartacking to waistband and front panels Hem leg openings
Iron finished pants
Apply hang tags, price tickets
Pack individual garments in poly bags
Package for shipment to the U.S.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the shorts will be 6203.42.4050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, other, shorts, men’s. The rate of duty will be 17 percent ad valorem.

Style MBS-680 falls 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 garment must be wholly assembled in a single country, territory or insular possession.. Accordingly, as the garment does not meet this requirement, 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, in Scenario I, sewing the inseams, sewing the front rise, setting the zipper fly to the right front panel, attaching the waistband, setting the belt loops and bartacking the waistband and front panels, and hemming the leg openings constitute the most important assembly processes. Accordingly, the country of origin of the shorts, in Scenario I is Country B.

HOLDING:

The country of origin of the shorts in Scenario I 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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