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NY I85476




September 19, 2002

CLA2-RR:NC:N3:360 I85476

CATEGORY: CLASSIFICATION

Eleanore Kelly-Kobayshi
Rode & Qualey
Attorneys at Law
55 West 39th Street
New York, NY 10018

RE: Classification and country of origin determination for women’s woven camisoles; 19 CFR 102.21(c)(4); most important assembly or manufacturing operation

Dear Ms. Kelly-Kobayshi:

This is in reply to your letter dated August 22, 2002, requesting a classification and country of origin determination on behalf of Rainbow Time Development Limited, for women’s woven upper body garments which will be imported into the United States. The sample and cut components submitted with your request will be returned to you under separate cover.

FACTS:

The subject merchandise consists of style RT-0046 a women’s upper body garment made from 100% man-made fiber woven fabric. The garment features a V-shaped front neckline, shoulder straps measuring approximately ¼”, a lace insert in the front below the bust and narrow straps of identical fabric inserted into the side seams which can be tied in the back of the garment. The rear, top edge of the garment is cut straight across from side seam to side seam and bares approximately 2/3 of the back.

The manufacturing operations for style RT-0046 are as follows:

CHINA
fabric is cut into component parts lace insert is sewn onto the front panel edges of the front and back panels are sewn down

HONG KONG
side seams are sewn to join the front and back panels together shoulder straps are sewn to join the front and back panels identical fabric ties are sewn onto the garment

CHINA
bottom of the garment is hemmed garment is pressed and packed for shipment

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style RT-0046 will be 6211.43.0091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s other garments of man-made fibers. The rate of duty will be 16.2 percent ad valorem.

Style RT-0046 falls within textile category designation 659. 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

(1) If the good consists of two or more components, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

Accordingly, as the garment does not meet the requirements of Section 102.21(e), because it is not wholly assembled in a single country, 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 joining of the side seams, attaching the shoulder straps and sewing of the tie belt constitute the most important assembly processes. Accordingly, the country of origin of style RT-0046 is Hong Kong.

HOLDING:

The country of origin of style RT-0046 is Hong Kong. Based upon international textile trade agreements products of 659 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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