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NY I83498




August 2, 2002

CLA2-RR:NC:61:TA-359: I83498

CATEGORY: CLASSIFICATION

Mr. Peter Weinrauch
Import Commodity Group, Ltd.
131 East Merrick Road, 2nd Fl.
Valley Stream, New York 11580

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

Dear Mr. Weinrauch:

This is in reply to your letter dated July 8, 2002, and to a subsequent facsimile dated July 24, 2002, submitted on behalf of Orioxi Intl. Corp., Brea, California, 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 CY-003, which is made from 100% cotton fibers. The jacket features a full-front, zippered opening, an attached hood with a drawstring closure, long sleeves with rib knit cuffs, a rib knit bottom and two pockets below the waist at the front. The fabric of the jacket is napped on the inside. There is also an embroidered logo on the left front chest.

The manufacturing operations for the woman’s knitted jacket are as follows:

In China
-knit fabric and cut it into component panels -embroider front panel
-sew pockets to front panels
-partially sew bottom rib to front panels -partially sew zipper to front panels
-construct hood with drawstring attached

In El Salvador
-sew bottom rib to back panel
-sew rib knit cuffs to sleeves
-sew sleeves to body and sew front and back body panels at the shoulders -sew remainder of bottom rib to front panels -sew side seams closing front and back panels -sew sleeves closed
-sew hood to body
-sew remainder of zipper to front panels

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted jacket, Style CY-003, will be 6102.20.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s – overcoats,--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

6102.20 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, for garments which are not knit to shape and consist of two or more component parts, there must be a change to an assembled good of heading 6101 through heading 6117 from unassembled components, but the garment must be assembled in a single country, territory or insular possession. Accordingly, as the woman’s knitted jacket is assembled in two countries, it does not meet the terms of the tariff and, therefore, 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 the case of the subject merchandise, the sewing of the rib knit cuffs to the sleeves and the remainder of the rib knit bottom to the body panels; the sewing of the sleeves to the front and back body panels; the sewing of the side seams and the sewing of the front and back panels at the shoulders; the sewing of the hood to the body; and the sewing of the remainder of the zipper to the front panels, all of which occur in El Salvador, constitute the most important assembly processes. Accordingly, the country of origin of the woman’s knitted jacket, Style CY-003 is El Salvador.

HOLDING:

The country of origin of the woman’s knitted jacket, Style CY-003, is El Salvador. Based upon international textile trade agreements, products of El Salvador are neither subject to quota nor 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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