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NY H88057





February 5, 2002

CLA2-RR:NC:WA:355 H88057

CATEGORY: CLASSIFICATION

Mr. Thomas Caldecot Chubb III
Oxford Industries, Inc.
P.O. Box 54600
Atlanta, GA 30308

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

Dear Mr. Chubb:

This is in reply to your letter dated January 31, 2002, requesting a classification and country of origin determination for men’s woven trousers which will be imported into the United States.

FACTS:

The subject merchandise consists of men’s trousers made of 60 percent cotton and 40 percent polyester woven fabric. The pants feature a zippered fly front, pleats, a waistband with seven belt loops, two side seam pockets, two back welt pockets and hemmed leg openings.

The manufacturing operations for the trousers are as follows:

CHINA:

The fabric is formed
The fabric is inspected and formed into component parts The waistband is formed
The belt loops are formed and attached
The front and back panels are made up and serged The pockets are attached to the front and back panels and bartacked The fronts are formed
The darts are sewn
The zipper and front fly are sewn to both front leg panels (however, the front rise is not formed, as each component part of the zipper and fly are sewn to each leg panel, both or which are not attached to each other in any manner) The buttonholes are sewn
The labels are attached
The button holes and buttons are set on the back pockets

DOMINICAN REPUBLIC

The outer seams are joined
The inseams are jointed
The seat is closed when the panels are attached The upper ends of the belt loops are sewn to the waistband The waistband closure is added
The leg panels are hemmed
The fly is bartacked
The trimming is done
The garment is pressed
The size tickets are attached
The garment is packaged and packed for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the trousers will be 6203.42.4015, 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 cotton, other, other, trousers and breeches, men’s other. The rate of duty will be 16.8 percent ad valorem.

The trousers fall within textile category designation 347. 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 as 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 trousers must be completely assembled in one country. Accordingly, as the garment does 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, joining the inner and outer seams, closing the seat, attaching the waistband to the main body, sewing the upper ends of the belt loops to the waistband, adding the waistband closure, hemming the leg openings, closing the front rise, bartacking and trimming constitute the most important assembly processes. Accordingly, the country of origin of the trousers is the Dominican Republic.

HOLDING:

The country of origin of the trousers is the Dominican Republic. Based upon international textile trade agreements products of the Dominican Republic 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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