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NY G83366




November 17, 2000

CLA2-62:RR:NC:TA:360 G83366

CATEGORY: CLASSIFICATION

Mr. Robert l. Follick
Follick & Bessich
33 Walt Whitman Road
Suite 204
Huntington Station, NY 11746

RE: Classification and country of origin determination for women's woven blouses; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Follick:

This is in reply to your letter dated October 16, 2000, requesting a classification and country of origin determination for a women's blouse which will be imported into the United States.

FACTS:

The subject merchandise, designated as style 16411, consists of a women's blouse manufactured from 100% polyester woven fabric. The blouse extends from the shoulders to hips and has long sleeves with button cuffs; a pointed collar; two chest pockets with button closures; a rear yoke; a hemmed bottom with side slits; shoulder pads; and a full front opening secured by six buttons.

The manufacturing operations for the blouse are as follows:

Fabric produced in South Korea (woven, dyed and finished) will be imported into the United States to be cut into component parts

The cut components will be exported to North Korea for assembly

The assembled blouses will then shipped to the United States

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the blouse will be 6206.40.3030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ blouses of man-made fibers. The rate of duty will be 90 percent ad valorem.

The blouse falls within textile category designation 641. 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.

The fact that these blouses will be made from United States components raises the possible applicability of subheading 9802.00.80, HTS, which provides for articles assembled abroad in whole or in part of U.S. fabricated components which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting. Upon compliance with the documentary requirements of Customs Regulations [19 CFR 10.24, and 10.16(a)] the imported blouses may be entered under subheading 9802.00.80, Harmonized Tariff Schedule of the United States (HTS), subject to duty upon the full value of the imported assembled article, with allowances in duty for the cost of the value of the U.S. components incorporated therein. The information substantiating 9802.00.80 must be submitted at the time of entry.

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 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 blouse is assembled in a single country, that is, North Korea, as per the terms of the tariff shift requirement, country of origin is conferred in North Korea.

Effective, Monday June 19, 2000 as authorized by Federal Register Notice (Volume 65, No. 38165), importations of North Korean origin are permitted entry into the commerce of the U.S. However, all importers are required to notify and obtain approval from the Office of Foreign Assets Control (OFAC) prior to importation. All shipments of North Korean origin, whether shipped directly or through a third country, must be accompanied by a letter of approval by OFAC and submitted with the entry package. For further information see the OFAC Web Site at WWW.TREAS.GOV/OFAC.

HOLDING:

The country of origin of the blouse is North Korea. Based upon international textile trade agreements products of blouses are not currently 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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