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NY I84418





July 22, 2002

CLA2-RR:NC:WA 355 I84418

CATEGORY: CLASSIFICATION

Mr. Anthony Tonucci
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
New York, NY 10167-3397

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

Dear Mr. Tonucci:

This ruling is issued to replace NY ruling I84096, which inadvertently identified the garment at issue as shorts, rather than pants. (Ruling I84096 refers back to the original letter I82016.) The current ruling, I84418, impacts only upon the statistical suffix attached to the classification of the garment and does not change the origin determination of the letter previously issued. The letter with changes follows:

This ruling is being issued to replace NY ruling I82016. Based upon new information provided, we are clarifying the production steps performed in each of the countries. This ruling will not change the holdings of the letter previously issued. The letter with changes follows:

This is in reply to your letter dated May 22, 2002, requesting a classification and country of origin determination for men’s woven pants which will be imported into the United States. This request was made on behalf of Mast Lanka (PVT) Ltd.

FACTS:

The subject merchandise consists of men’s pants; two different styles were submitted. Both are made of 100 percent cotton woven fabric. Style A features pleated front panels, side slash pockets, a zippered front fly with a button at the waistband, two back pockets with buttoned flaps, seven belt loops and hemmed, cuffed leg openings. Style B features flat front panels, side slash pockets, a zippered front fly with a button at the waistband, two back welt pockets, two side leg cargo pockets, five belt loops, hemmed leg openings, and two tabs with hook and loop fabric tape at the waistband to adjust the tightness of the waistband.

The manufacturing operations for styles A and B are as follows:

Fabric is sourced from Sri Lanka, India, Korea, Hong Kong, China, Taiwan or Japan.

SRI LANKA:

The fabric is cut into component parts

REPUBLIC OF THE MALDIVES:

Front and back pockets are partially sewn and attached to the front and back panels Zipper is formed and attached to one front panel The two front panels are joined and the zipper is attached (the front rise is fully formed)

SRI LANKA:

The sewing of the front and back pockets is completed Right and left back body panels are joined Front and back body panels are joined; inseams and sideseams are stitched Waistband is attached to the front and back panels Cargo pockets are sewn and attached (Style B) Bartacking and trimming
Buttons and buttonholes are sewn
Quality control
Washing, packing and pressing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Styles A and B 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, trousers and breeches, men’s, other. The rate of duty will be 16.8 percent ad valorem.

Styles A and B 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 an 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 good must be completely assembled in a single country, territory or insular possession. Accordingly, as the subject merchandise 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, the partial sewing and attaching of the front and back pockets to the pant panels, forming the zipper assembly and attaching it to the front panel and forming the front rise by joining the left and right front panels with the zipper assembly, constitute the most important assembly processes. Accordingly, the country of origin of the garment is Maldives.

HOLDING:

The country of origin of the pants, styles A and B, is Maldives. Based upon international textile trade agreements products of Maldives are not subject to quota, but do require 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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