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NY I87673





December 4, 2002

CLA2-RR:NC: 61: N3: I87673

CATEGORY: CLASSIFICATION

Mr. Bernard Seah
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 October 30, 2002, requesting a classification and country of origin determination for a woman’s knitted jacket which will be imported into the United States. Your sample is returned as requested.

FACTS:

The subject merchandise consists of a woman’s knitted jacket, Style 1A 742T, which is composed of 80% cotton, 20% polyester fibers. The jacket has a full-front opening with a zippered closure, an attached hood with a drawstring closure, long sleeves with rib knit cuffs, a rib knit bottom and two slanted-opening pockets in the front at the waist. The fabric of the jacket is a brushed French Terry. Across the front chest there appear the word, “Aeropostale” in block lettering, and the words, “Athletic Division” in script lettering. All of these words are decorated with glitter.

The manufacturing operations for the woman’s knitted jacket, Style 1A 742T, according to the five production plans which you are submitting, are as follows:

Production Plan I

In Country A
-mark and make pattern
-print front panels and apply glitter

In Country B
-cut piece goods into component panels
-make hood and insert drawstring
-sew pockets to front panels
-sew front and back panels at shoulder seams -sew sleeves to body

In Country A
-sew hood to body
-sew side seams
-sew waistband to body
-sew cuffs to sleeves
-make and sew zipper to body

Production Plan II

In Country A
-mark and make pattern
-cut piece goods into component panels
-print front panels and apply glitter

In Country B
-make hood and insert drawstring
-sew pockets to front panels
-sew front and back panels at shoulder seams -sew sleeves to body

In Country A
-sew hood to body
-sew side seams
-sew waistband to body
-sew cuffs to sleeves
-make and sew zipper to body

Production Plan III

In Country A
-mark and make pattern
-cut piece goods into component panels
-print front panels and apply glitter

In Country B
-make hood and insert drawstring
-sew pockets to front panels
-sew front and back panels at shoulders
-sew sleeves to body

In Country C
-sew hood to body
-sew side seams
-sew waistband to body
-sew sleeves to cuffs
-make zipper and sew to body

Production Plan IV

In Country A
-mark and make pattern
-cut piece goods into component panels
-print front panels and apply glitter
-sew pockets to front panels
-sew front and back panels at shoulder seams -sew sleeves to body
-sew side seams
-sew waistband to body
-sew cuffs to sleeves

In Country B
-make hood and insert drawstring
-sew hood to body
-make zipper and sew to body

In Country A
-inspect jacket

Production Plan V

In Country A
-mark and make pattern
-cut piece goods into component panels
-apply printing and glitter to front panels

In Country B
-sew pockets to front panels
-sew front and back panels at shoulder seams -sew sleeves to body
-sew side seams
-sew waistband to body
-sew cuffs to sleeves

In Country C
-make hood and insert drawstring
-sew hood to body
-make zipper and sew to front panels

In Country B
-inspect jacket.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted jacket, Style 1A 742T, 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 for this year will be 16.1% ad valorem; while the rate of duty for the year 2003 will be 16% 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 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 all five of the production plans that you submitted, assembly processing occurs in more than one country and, therefore, the terms of the tariff shift 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, according to each of the production plans submitted, the following constitutes the most important assembly processes:

Under Production Plan I – the sewing of the hood to the body; the sewing of the seams; the sewing of the waistband to the body; the sewing of the cuffs to the sleeves and the making and sewing of the zipper to the front panels, all of which occur in Country A;

Under Production Plan II – the sewing of the hood to the body; the sewing of the side seams; the sewing of the waistband to the body; the sewing of the cuffs to the sleeves and the making and the sewing of the zipper to the front panels, all of which occur in Country A;

Under Production Plan III – the sewing of the hood to the body; the sewing of the side seams; the sewing of the waistband to the body; the sewing of the cuffs to the sleeves and the making and the sewing of the zipper to the body, all of which occur in Country C;

Under Production Plan IV – 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 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;

Under Production Plan V – 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 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.

Accordingly, the country of origin of the woman’s knitted jacket, Style 1A 742T, is Under Production Plan I – Country A
Under Production Plan II – Country A
Under Production Plan III – Country C
Under Production Plan IV – Country A
Under Production Plan - Country B.

HOLDING:

The country of origin of the woman’s knitted jacket, Style 1A 742T, is Country A under Production Plan I; Country A under Production Plan II; Country C under Production Plan III; Country A under Production Plan IV and Country B under Production Plan V. Based upon international textile trade agreements products of these countries 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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