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NY I83008




June 28, 2002

CLA2-RR:NC:61:N3: I83008

CATEGORY: CLASSIFICATION

Mr. Bernard Seah
Country General Manager
Ghim Li Global Pte., Ltd.
No. 41 Changi South Avenue 2
Singapore 486153

RE: Classification and country of origin determination for a woman’s knitted jacket; 19 CFR 102.21(c)(4)

Dear Mr. Seah:

This is in reply to your letter dated May 31, 2002, received by this office June 10, 2002, requesting a classification and country of origin determination for a woman’s knitted jacket which will be imported into the United States. Your sample is returned as requested.

FACTS:

The subject merchandise consists of a woman’s knitted jacket, Style 8A 726, that consists of 80% cotton, 20% polyester fibers. The jacket has a full-front opening with a zipper closure, an attached hood with a drawstring closure, long sleeves with rib knit cuffs and a rib knit bottom. The inside fabric of the jacket is napped. At the front near the waist there are two pockets with slanted openings. On the left front of the jacket near the chest there is an applique of the letter “a” and, underneath it, the word “aeropostale” is embroidered. On the outside of each arm there is a decorative strip of narrow textile fabric.

The manufacturing operations for the woman’s knitted jacket, Style 8A 726, are as follows:

Production Plan I
-make and mark pattern
-embroider front panel
-sew applique to the front panel

-cut piece goods into component panels
-construct hood, including drawstring closure -attach two pockets to the front panels
-attach front and back panels at the shoulders -attach two sleeves to the body
-attach overlaid fabric strip to each sleeve

-attach hood to the body
-sew side seams
-sew waistband to the body
-sew rib knit cuffs to the sleeves
-construct and attach zipper

Production Plan II
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew applique to the front panel

-construct hood including drawstring
-attach two pockets to the front panels
-attach front and back panels at the shoulders -attach sleeves to the body
-attach overlaid fabric strip to each sleeve

-attach hood to body
-sew side seams
-attach waistband to body
-attach cuffs to sleeves
-construct and attach zipper

Production Plan III
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew applique to front panel

-construct hood including drawstring
-attach two pockets to front panels
-attach front and back panels at the shoulders -attach two sleeves to body
-attach overlaid fabric strip

-attach hood to body
-sew side seams
-attach waistband to body
-attach cuffs to sleeves
-construct and attach zipper

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted jacket, Style 8A 726, will be 6102.20.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s ---windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women’s. The rate of duty will be 16.1% ad valorem.

The jacket falls within textile category designation 335. 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 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.

Under Production Plans I and II, there is assembly processing in Country “A” and in Country “B”. Under Production Plan III, there is assembly processing in Country “B” and in Country “C”. Neither the embroidery nor the applique work affects the status of the assembly processes. We note the Customs Regulations, (C.R.), Section 102.21 (b), (6).

Section 102.21(e) states that where the good is not knit to shape and consists of two or more component parts which undergo a change to an assembled good of heading 6101 through 6117 from unassembled components, the change must be the result of an assembly wholly in a single country, territory or insular possession. All three of your production plans have assembly processing in two countries and, therefore, the terms of the tariff shift are not met. Accordingly, as the jacket does not qualify for the tariff shift, 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":

(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 not 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 woman’s knitted jacket, Style 8A 726, the following applies. Under Production Plan I, the attaching of the hood to the body, the sewing of the side seams and the constructing and attaching of the zipper, all of which occur in Country “A”, constitute the most important assembly processes. Under Production Plan II, the attaching of the hood to the body, the sewing of the side seams and the constructing and attaching of the zipper, all of which occur in Country “A”, constitute the most important assembly processes. Under Production Plan III, the attaching of the hood to the body, the sewing of the side seams and the constructing and attaching of the zipper, all of which occur in Country “C”, constitute the most important assembly processes. Accordingly, the country of origin of the jacket is Country “A” under Production Plans I and II, and Country “C” under Production Plan III.

HOLDING:

The country of origin of the jacket is Country “A” under Production Plans I and II, and Country “C” under Production Plan III. Based upon international textile trade agreements products of Country “A” and Country “C” 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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