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NY I84673




August 9, 2002

CLA2-RR:NC:61:TA-359: I84673

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 July 29, 2002, requesting a classification and country of origin determination for a woman’s knitted jacket which will be imported into the United States. We note that the sample submitted for this request is the same as the sample for which you received an earlier tariff classification and country of origin ruling. The reference is NY I83008, issued June 28, 2002. Your current request covers different planned production processes than does the earlier ruling. 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, according to the production plans that you are now submitting, are as follows:

Production Plan I
In Country A
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew applique to front panel

-sew two pockets to front panels
-sew front and back panels at the shoulder seams -sew sleeves to the body
-sew narrow textile strip to each sleeve
-sew side seams
-sew waistband to body
-sew rib knit cuffs to sleeves

In Country B
-construct hood
-sew hood to body
-construct zipper

In Country A
-final inspection

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

In Country B
-sew pockets to front panels
-sew front and back panels at the shoulders -sew sleeves to body
-sew textile strip to sleeves
-sew side seams
-sew waistband to body
-sew cuffs to sleeves

In Country C
-construct hood
-sew hood to body
-construct zipper

In Country B
-inspection

For the purpose of this ruling we assume that none of your proposed countries of manufacture or assembly, that is, Country A, Country B or Country C, represents either Israel or one of the NAFTA countries or any other country with which the United States has a Free Trade Agreement. 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

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 the tariff shift must be the result of the good being wholly assembled in a single country, territory or insular possession. Under both of the production plans that you submitted, assembly processing occurs in more than one country and, therefore, the terms of the tariff are not fulfilled. 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":

(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, under Production Plan I, the making and marking of the pattern; the cutting of the piece goods into component panels; the embroidering of the front panel; the sewing of the applique to the front panel; the sewing of the pockets to the front panel; the sewing of the front and back panels at the shoulder seams; the sewing of the sleeves to the body; the sewing of the narrow textile strip to each sleeve; the sewing of the side seams; the sewing of the waistband to the body; and the sewing of the cuffs to the sleeves, all of which occur in Country A, constitute the most important assembly or manufacturing processes. Accordingly, the country of origin of the woman’s knitted jacket, Style 8A 726, under Production Plan I, is Country A.

In the case of the subject merchandise, under Production Plan II, the sewing of the pockets to the front panels; the sewing of the front and back panels at the shoulders; the sewing of the sleeves to the body; the sewing of the textile strip to the sleeves; the sewing of the side seams; the sewing of the waistband to the body; and the sewing of the cuffs to the sleeves; all of which occur in Country B, constitute the most important assembly or manufacturing processes. Accordingly, the country of origin of the jacket, under Production Plan II, is Country B.

HOLDING:

The country of origin of the woman’s knitted jacket, Style 8A 726, is Country A under Production Plan I, and Country B under Production Plan II. 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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