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NY H83241




August 3, 2001

CLA2-RR:NC:TA:360 H83241

CATEGORY: CLASSIFICATION

Sherri Adams
The A.W. Fenton Co., Inc.
P.O. Box 90005 AMF
Dayton, OH 45490-0005

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

Dear Ms. Adams:

This is in reply to your letter dated June 29, 2001, on behalf of Fred J. Miller Inc., requesting a classification and country of origin determination for women’s and men’s woven jumpsuits which will be imported into the United States.

FACTS:

The subject merchandise consists of a woven jumpsuit, which you describe as bib pants, made from 100 percent polyester gabardine fabric. The garment is sleeveless, extends to the ankles, and features adjustable shoulder straps, approximately one and one-quarter inches wide, a front zippered opening that extends below the waist, scoop neckline, and zippered pockets at the waist. The garment provides sufficient coverage to be worn alone. The jumpsuit will be worn under the jacket of a marching band uniform and will be produced in men’s and women’s sizes.

The manufacturing operations for the jumpsuit are as follows:
woven fabric is manufactured in the US and sent to Pakistan in rolls zippers, buckles, elastic and labels of US origin are sent to Pakistan for assembly into completed garments fabric is cut in Pakistan cut components are assembled in Pakistan

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the women’s jumpsuits will be 6211.43.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other women’s garments, jumpsuits, of man-made fibers. The rate of duty will be 16.3 percent ad valorem.

The applicable subheading for the men’s jumpsuits will be 6211.33.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men’s garments, jumpsuits, of man-made fibers. The rate of duty will be 16.3 percent ad valorem.

The jumpsuits fall within textile category designation 659. 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

6210-6212 If the good consists of two or more components, a change to an assembled good of heading 6210 through 6212 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 jumpsuit consists of more than two components and is assembled in a single country, that is, Pakistan, as per the terms of the tariff shift requirement, country of origin is conferred in Pakistan.

HOLDING:

The country of origin of the jumpsuit is Pakistan. Based upon international textile trade agreements products of Pakistan 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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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