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NY I85597




September 19, 2002

CLA2-RR:NC:TA:N3:356 I85597

CATEGORY: CLASSIFICATION

Mr. Jason M. Waite
Alston & Bird LLP
601 Pennsylvania Avenue, N.W.
North Building, 10th Floor
Washington, D.C. 20004-2601

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

Dear Mr. Waite:

This is in reply to your letter dated August 23, 2002, on behalf of Everflow Apparel Industries Limited, requesting a classification and country of origin determination for men’s knit pants which will be imported into the United States. You have provided samples of the garment parts as they are partially assembled in China and samples of the finished garments as they will be imported from Honduras into the United States. As requested, your samples will be returned.

FACTS:

Style EVH-013 is a pair of men’s pants constructed from 66% cotton, 34% nylon, French terry knit fabric. The garment has a tunnel elastic waistband with an inside drawstring; a fly front opening with a zipper closure; side seam pockets; a rear patch pocket; an inset cargo pocket on the left leg with a flap and a button closure; and hemmed legs with a zipper at each ankle.

THE MANUFACTURING OPERATIONS FOR STYLE EVH-013 ARE AS FOLLOWS:

CHINA:
The fabric is cut into component parts (left and right front leg sections, left and right rear leg sections, pocket flap, pocket bags) The fly is formed and the zipper is sewn to the left front panel Drawstring holes are formed at the top of each front panel The side pockets are formed and attached to each front panel The rear patch pocket is attached to the right rear panel The front and back panels are sewn at the side seams The cargo pocket is formed on the left leg and the pocket flap is attached Ankle zippers are inserted into the lower side seams

HONDURAS:
The front and the back rise are sewn closed The inseam on each leg is sewn closed
The tunnel waistband is formed and sewn with an inside elastic and drawstring The legs are hemmed
The rear waistband label is sewn to the inside of the garment Twill tape is sewn across the interior crotch seam

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Style EVH-013 will be 6103.42.1020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ . . . trousers: knitted or crocheted: of cotton: trousers and breeches: men’s. The rate of duty will be 16.3 % ad valorem.

Style EVH-013 falls 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

6101-6117 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.

Although the garment is not knit to shape and consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, 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 STYLE EVH-013, the joining of the front and back rise; the joining of the inseams, and the attaching of the elastic to the waistband constitute the most important assembly processes.

Accordingly, under Section 102.21(c)(4), the country of origin of STYLE EVH-013 is Honduras.

HOLDING:

The country of origin of STYLE EVH-013 is Honduras. Based upon international textile trade agreements, products of Honduras are not presently subject to quota or 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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