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NY I85808




October 1, 2002

CLA-2-62RR:NC:3:353 I85808

CATEGORY: CLASSIFICATION

Mr. Jarrod Mills
Standard Textile Company Inc. (STC)
One Knollcrest Dr.
P.O. Box 371805
Cincinnati, OH 45222-1805

RE: Classification and country of origin determination for coveralls; Duty-Free treatment for products of the West Bank, Gaza Strip, or a Qualifying Industrial Zone; General Note 3(a)(v); 19 C.F.R. §102.21(c)(2); T.D. 98-62

Dear Mr. Mills:

This is in reply to your letter dated August 27, 2002 requesting the classification, country of origin determination and eligibility for preferential duty treatment for coveralls as a product of a Qualifying Industrial Zone (QIZ) which will be imported into the United States from Jordan. As you requested, the submitted garments will be returned to you

FACTS:

The submitted garments are Styles 910, 912 and 914 adult work wear coveralls. Style 910 is called a unisex coverall constructed of woven 100% cotton fabric. It features two patch pockets at the chest, two slash slant pockets below the waist, two rear patch pockets, two side seem slash openings that allows the wearer to reach garments worn underneath, and a full front left over right snap closure. Style 912 is a unisex coverall constructed of woven 65% polyester, 35% cotton fabric. It features two patch pockets at the chest, two slash slant pockets below the waist, two rear patch pockets, two side seem slash openings that allows the wearer to reach garments worn underneath, a storm flap, and a full front zipper closure. Style 194 is a unisex coverall constructed of woven 65% polyester, 35% cotton fabric The quilted lining is 100% nylon fabric and the filler is 70% polyester, 30% rayon. It features two zipper pockets at the chest, two slash slant pockets below the waist, two rear patch pockets, two side seem slash openings that allows the wearer to reach garments worn underneath, a storm flap, and a full front zipper closure.

The fabric for the coveralls is formed in China. The fabric is shipped to Israel where it is cut to shape. The garment is assembled by sewing in Jordan (QIZ).

ISSUE:

What are the classification, country of origin and status under the US-Israel Free Trade Agreement of the subject merchandise?

CLASSIFICATION:

Chapter 62, Note 8 states “Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments;” therefore, Style 910 coverall is considered a men’s garment. Chapter 62, Note 8 further states “Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.” In general, storm flaps are not considered closures; therefore the left over right storm flaps of Styles 912 and 914 are not indicative of men’s garments and the coveralls are considered unisex.

The applicable subheading for the Style 910 Coverall will be 6211.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, men's or boys': Of cotton, Coveralls, jumpsuits and similar apparel: Other: Men's.” The rate of duty will be 8.2% ad valorem. The textile category designation is 659.

The applicable subheading for the Style 912 Coverall will be 6211.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, Coveralls, jumpsuits and similar apparel: Other: Women's.” The rate of duty will be 16.2% ad valorem. The textile category designation i659.

The applicable subheading for the Style 914 Coverall will be 6211.43.0007, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, Coveralls, jumpsuits and similar apparel: Other, insulated for cold weather protection.” The rate of duty will be 16.2% as valorem. The textile category designation is 659.

COUNTRY OF ORIGIN:

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.

The U.S. Trade Representative, the Governments of Jordan and Israel requested the designation of the industrial zone in Irbid, Jordan, as a QIZ. Pursuant to subsequent consultations among the three Governments, the Governments of Israel and Jordan entered into a written agreement dated November 16, 1997, relating to the establishment of the Irbid QIZ, which included the following provision, entitled “Rules of Origin:”

The [Governments of Israel and Jordan] agree that the origin of any textile or apparel product that is processed in the Irbid Qualifying Zone, regardless of the origin or place of processing of any of its inputs or materials prior to entry into, or subsequent withdrawal from, the zone, will be determined solely pursuant to the rules of origin for textile and apparel products set out in Section 334 of Uruguay Rounds Act, 19 U.S.C. §3592.

General Note 3(a)(v)(G), HTS, defines a “qualifying industrial zone” as any area that: “(1) encompasses portions of the territory of Israel and Jordan or Israel and Egypt; (2) has been designated by local authorities as an enclave where merchandise may enter without payment of duty or excise taxes; and (3) has been designated by the U.S. Trade representative in a notice published in the Federal Register as a qualifying industrial zone.” By notice published in the Federal register on March 13, 1998 (63 FR 12572) the Office of the U.S. Trade Representative formally designated the Israeli-Jordanian Irbid Qualifying Industrial Zone as a QIZ.

Treasury Decision 98-62 dated July 13, 1998, determined that pursuant to the agreement between the Governments of Israel and Jordan, and by mutual consent of the U.S. and Israel, Customs will exclusively apply the textile and apparel rules of origin set forth in 19 C.F.R. §102.21 in determining the country of origin of a textile or apparel product processed in the Irbid QIZ.

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

6210-6212 (1) If the good consists of two or more component parts, 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.

The coveralls, consisting of two or more component parts, will be wholly assembled in a single country, that is, Jordan. Therefore, as per the terms of the tariff shift requirement, country of origin is conferred in Jordan.

UNITED STATES-ISRAEL FREE TRADE AGREEMENT:

Pursuant to the authority conferred by section 9 of the U.S.-Israel Free Trade Area Implementation Act of 1985 (19 U.S.C. §2112 note), the President issued Proclamation No. 6955 dated November 13, 1996 (published in the Federal Register on November 18, 1996 (61 Fed. Reg. 58761)), which modified the Harmonized Tariff Schedule of the United States (HTSUS) (by creating a new General Note 3(a)(v)) to provide duty-free treatment to articles which are the product of the West Bank, Gaza Strip or a qualifying industrial zone, provided certain requirements are met. Such treatment was effective for products of the West Bank, Gaza Strip or a qualifying industrial zone entered or withdrawn from warehouse for consumption on or after November 21, 1996.

Under General Note 3(a)(v), HTSUS, articles the products of the West Bank, Gaza Strip or a qualifying industrial zone which are imported directly to the U.S. from the West Bank, Gaza Strip, a qualifying industrial zone or Israel qualify for duty-free treatment, provided the sum of 1) the cost or value of materials produced in the West Bank, Gaza Strip, a qualifying industrial zone or Israel, plus 2) the direct costs of processing operations performed in the West Bank, Gaza Strip, a qualifying industrial zone or Israel, is not less than 35% of the appraised value of such articles when imported into the U.S. An article is considered to be a product of the West Bank, Gaza Strip or a qualifying industrial zone if it is either wholly the growth, product or manufacture of one of those areas or a new and different article of commerce that has been grown, produced or manufactured in one of those areas.

Because you indicate that the coveralls will be wholly assembled in the West Bank, Gaza Strip or a qualifying industrial zone, specifically, the Jordanian portion of the Irbid QIZ, under the applicable rules of origin for textiles, they would be considered a product of the West Bank, Gaza Strip or a qualifying industrial zone, specifically Jordan.

With respect to the requirement that the articles be imported directly, General Note 3(a) (v)(B) (1) provides that:

Articles are “imported directly” for purposes of this paragraph if--

(1) they are shipped directly from West Bank, the Gaza Strip, a qualifying industrial zone or Israel into the United States with out passing through the territory of any intermediate country;

Based upon the facts presented, this office is unable to state definitively that the garments will satisfy this requirement. Whether the requirement is satisfied can only be ascertained at the time of entry into the United States.

In regard to 35% value content requirement, Customs would apply the double substantial transformation test to determine whether the cost or value of materials imported into the West Bank or Gaza Strip may be counted toward the 35% requirement.

This office is unable to state definitively that the garments will or will not satisfy the 35% value content requirement. Whether the requirement is satisfied can only be ascertained when the “appraised value” of the garments is determined at the time of entry into the United States.

HOLDING:

Based on the information provided, the coveralls will be considered a product of the West Bank or Gaza Strip or qualifying industrial zone, and will be eligible for preferential duty treatment under General Note 3(a)(v), HTSUS, assuming that they are imported directly from the West Bank, Gaza Strip, or Israel, and the 35 percent value content requirement is satisfied. Again, whether the “imported directly” or 35% value content requirement will be met must await actual entry of the merchandise.

The country of origin of the coveralls is Jordan. Based upon international textile trade agreements products of Jordan currently are not 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 C.F.R. §177.9(b)(1). This sections 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 C.F.R. §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 C.F.R. §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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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