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NY G83113





October 11, 2000

CLA2-RR:NC:WA:355 G83113

CATEGORY: CLASSIFICATION

Ms. Barbara Yang
Inner Mongolia Shiqi (USA) Group, Inc.
1350 Broadway, #602
New York, NY 10018

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

Dear Ms. Yang:

This is in reply to your letter dated October 5, 2000, requesting a classification and country of origin determination for men’s wool woven trousers that will be imported into the United States.

FACTS:

The subject merchandise consists of 100 percent wool woven men’s trousers. The garment is identified as style 886 - 14. It features a pleated front, two side slash pockets, two back welt pockets with button closures, cuffed legs, a zippered fly, a button closure at the waistband and seven belt loops.

The manufacturing operations for the trousers are as follows:

CHINA

Chinese cotton fabric is cut into panels according to patterns A partial lining is sewn to the front panels Pockets are attached to the panels
The left side of the zipper is attached to the left side panel The interlining is sewn to the waistband
The belt loops are attached to the waistband

MONGOLIA

The right side of the zipper is attached to the right side panel The four panels are joined, front to back and left to right The waistband is set into the garment by sewing

CHINA

The finished garment is pressed and packed

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the trousers will be 6203.41.1510, 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 wool or fine animal hair, trousers, breeches and shorts, other, trousers and breeches, men’s, other. The rate of duty will be 46.3 cents per kg., and 18.2 percent ad valorem.

The trousers fall within textile category designation 447. 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 trousers do 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, the attaching the right side of the zipper to the right panels, joining all four panels completely, front to back and side to side, closing all side seams, hemming and cuffing the pant legs and setting the waistband constitute the most important assembly processes. Accordingly, the country of origin of the trousers is Mongolia.

HOLDING:

The country of origin of the trousers is Mongolia. Based upon international textile trade agreements products of Mongolia are not subject to quota and do not require 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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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