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NY G89227




May 3, 2001

CLA2-RR:NC:TA:357 G89227

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 a men’s double jacket; 19 CFR 102.21(c)(4)

Dear Mr. Travis:

This is in reply to your letter dated April 16, 2001, on behalf of the Textile Council of Hong Kong, requesting a classification and country of origin determination for a men’s double jacket which will be imported into the United States.

FACTS:

The subject merchandise consists of a men’s multi-panel double jacket set, style XM7237/XM7238, which consists of an outer jacket made of a woven 100% nylon fabric with a clear acrylic coating on the inner surface. The lower body and sleeves are lined with a woven nylon fabric, while the upper body is lined with a polyester mesh. This jacket features a full front opening with a zip-through collar, a storm flap with seven snaps, a detachable hood, elasticized drawstrings at the bottom hem, at the waist and in the collar and zippered pockets below the waist and in the inner left chest area.

The inner jacket has a 100% nylon woven shell with a clear acrylic coating on its inner surface, a full front opening with a zip-through collar, slant, zippered pockets at the waist, elasticized cuffs, an elasticized drawstring at the bottom hem, a woven nylon lining in the lower body and sleeves and a 100% polyester knitted fleece lining in the upper body. The zipper closure of this jacket is also used to attach it to the outer jacket, enabling the garments to be worn together.

Although they may be worn together, the jackets are regarded as separate garments for classification and quota purposes. Neither garment is considered visibly coated for tariff purposes.

I. Origin of Components

Taiwan:

Woven 100% nylon fabric with 600mm clear acrylic coating Woven 100% nylon fabric
Knitted 100% polyester fabric

China:

1. Nonwoven polyester padding

Hong Kong:

Nonwoven fusible interlining
Plastic zipper
Drawstring
Stopper
Nylon tape
Eyelets
Snaps
Velcro
Elastic
Sewing thread
Labels

II. Manufacturing Steps – Outer Jacket

Fabric is cut into component parts
Interlining fused
Embroidery sewn to cut panels
Pockets and zippers sewn onto front panels of shell Joining of pieced front and back panels
Setting of eyelets, drawstring and stoppers Setting of zipper along center front
Joining of sleeve panels
Joining of hood panels
Sewing of collar panels
Setting of pockets to body lining
Sewing of main label

Joining of front and back panels at back yoke seam Sleeve panels are sewn to front and back panels at the armhole Side seams of sleeve panels are closed to form sleeves Joining of side seams
Joining of lining body and sleeve panels
Setting of lining to shell
Setting of underarm zippers and plackets
Setting of front placket
Setting of elastic cuffs to sleeves
Finishing of hem
Attaching snap to hood

1. Thread trimming
2. Ironing
3. Attaching hangtags
4. Packing
5. Packaging

III. Manufacturing Steps – Liner Jacket:

Fabric is cut into components
Fusing of interlining
Sewing of embroidery to cut panels
Setting of pockets and zippers to front panels of shell Joining of pieced front and back panels
Setting of eyelets, drawstring and stoppers Setting of zipper along center front
Joining of sleeve panels
Sewing of collar panels
Setting of padding to nylon lining
Joining of upper and lower body lining
Sewing of main label

Joining of front and back panels at back shoulder seams Setting of sleeve panels to body at armholes Joining of side seams
Joining of sleeve and underarm seams
Joining of lining body and sleeve panels
Setting of lining to shell
Joining collar to body
Setting of elastic cuff to sleeve
Finishing of hem

Thread trimming
Ironing
Zipping liner jacket into outer anorak
Packing
Packaging

ISSUE:

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

CLASSIFICATION:

If the jackets pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garments will be 6201.93.3000, which provides for other men's or boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.

If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.2 percent ad valorem.

This jacket falls within textile category designation 634. 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

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.

As the subject merchandise is not wholly assembled in a single country, territory, or insular possession, 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 joining of the front and back panels, attaching the sleeve panels to the body and closing the sleeve seams, the joining of the side seams, the joining of the lining body and sleeve panels and the setting of the lining to the shell constitute the most important assembly processes. In your letter you indicated that the countries involved may be subject to change, but that neither Israel nor any NAFTA-eligible countries will be involved in the production of these garments. Accordingly, the country of origin of the jackets is Country “B”.

HOLDING:

The country of origin of the jackets is Country “B”. Based upon international textile trade agreements products of Hong Kong and various other countries are 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 W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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