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NY H87045




February 1, 2002

CLA2-RR:NC:TA:N3:358 H87045

CATEGORY: CLASSIFICATION

TARIFF NO. 6101.20.0020

Mr. Bernard Seah
PA to Corporate Manager, Factory
Ghim Li Group of Companies
No. 41 Changi South Avenue
2 Singapore 486153

RE: Classification and country of origin for boy’s sweatshirt jacket; 19 CFR 102.21(c)(4)

Dear Mr.Seah:

This is in reply to your letter dated December 14, 2001, requesting a classification and country of origin determination for a boy’s sweatshirt type jacket, which will be imported into the United States. The article does not have a style number.

FACTS:

The subject garment has two side entry pockets, a full front zipper opening, a hood, ribbed cuffs and a ribbed waistband. The item is made of finely knit fabric that is 80 % cotton and 20 % polyester. The fabric is napped on the inside and weighs 280 grams per square meter. For purposes of this ruling it is assumed that the garment will be imported in boys’ sizes 2 to 16.

The article will be manufactured in unnamed countries A and B. Three prospective production plans are contemplated.

Production Plan One

Country A

Pattern making and marking
Piece goods are cut into component shapes

Country B

Making of hood
Attaching two front pockets onto the front panels Joining front and back panels on the shoulder seams Attaching the hood onto the garment
Insert label on back of neck

Country A

Sewing of the left and right side seams
Join both left and right sleeves to main body Attach bottom 1x1 rib
Attach 1x1 rib cuff to sleeve openings
Making of zipper
Cutting threads
Final inspection
Packing for export

Production Plan Two

Country A

Pattern marking and making
Piece goods are cut into component shapes Making of hood
Attaching two front pockets onto the front panels Joining front and back panels on the shoulder seams Attaching the hood onto the garment
Insert label on back of neck

Country B

Sewing of the left and right side seams
Join both left and right sleeves to main body Attach bottom 1x1 rib
Attach 1x1 rib cuff to sleeves openings
Making of zipper
Cutting of threads
Final inspection
Packing for export

Production Plan Three

Country A

Pattern marking and making
Piece goods are cut into component shapes

Country B

Making of hood
Attaching two front pockets onto the front panels Joining front and back panels on the shoulder seams Attaching the hood onto the garment
Insert label on back of neck
Attach bottom 1x1 rib
Making of zipper

Country A

Sewing of the left and right side seams
Join both left and right sleeves to main body Attach 1x1 rib cuff to sleeve openings
Cutting of threads
Final inspection
Packing for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the boys’ sweatshirt jacket will be 6101.20.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ windbreakers and similar articles, knitted or crocheted, of cotton, boys’. The rate of duty will be 16.1 percent ad valorem.

Boy’s cotton sweatshirt jackets fall within textile category designation 334. 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

6101-6117 (1) If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 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 country of origin for the boy’s sweatshirt jacket is the country where the unassembled components are wholly assembled. Accordingly, as the jacket is not assembled in a single country, 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 to shape, 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 this case, the assembly of the garment, under the production plan, occurs in both countries A and B.

For Production Plan One, it is the opinion of this office, that the assembly in country A, where, among other activities, the sewing of the sleeves to the main body, the sewing of the side seams to join the front and back panels, the sewing of the zipper, the sewing of the ribbed waistband and the sewing of the ribbed cuffs to the sleeves occur, constitute the most important assembly processes. Accordingly, for Production Plan One, the country of origin of the girl’s sweatshirt jacket, is country A.

For Production Plan Two, it is the opinion of this office, that the assembly in country B, where, among other activities, the sewing of the sleeves to the main body, the sewing of the side seams to join the front and back panels, the sewing of the zipper, the sewing of the ribbed waistband and the sewing of the ribbed cuffs to the sleeves occur, constitute the most important assembly processes. Accordingly, for Production Plan One, the country of origin of the girl’s sweatshirt jacket, is country B.

For Production Plan Three, it is the opinion of this office, that the assembly in country B, where, among other activities, the sewing of the front and back panels at the shoulder seams, the sewing of the hood to the garment, the sewing of the zipper and the sewing of the ribbed waistband occur, constitute the most important assembly processes. Accordingly, for Production Plan Three, the country of origin of the girl’s sweatshirt jacket, is country B.

HOLDING:

The country of origin of the girl’s sweatshirt jacket for Production Plan One is country A. The country of origin of the girl’s sweatshirt jacket for Production Plan Two is country B. The country of origin of the girl’s sweatshirt jacket for Production Plan Three is country B. Based upon international textile trade agreements products of country A and country B may be 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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