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NY J81053




March 7, 2003

CLA2-RR:NC:N3:360 J81053

CATEGORY: CLASSIFICATION

Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: Classification and country of origin determination for a woven women’s suit-type jacket; 19 CFR 102.21(c)(4)

Dear Ms. Baron:

This is in reply to your letter dated February 4, 2003, on behalf of Carnival Industries, requesting a classification and country of origin determination for women’s woven jackets which will be imported into the United States. The sample submitted with your request will be returned under separate cover.

FACTS:

The subject merchandise consists of style BL-331051, a fully lined women’s suit-type garment, made from 98 percent polyester and 2 percent rayon woven fabric. The tailored jacket is constructed from five panels and features a full front opening secured by one button, a pointed collar, flap pockets below the waist, darts and long sleeves with vents and three buttons.

The manufacturing operations for style BL-331051 are as follows:

China
fabric is woven components are cut collar of shell is sewn and edged stitched pocket flaps sewn to shell darts created on shell of front panels side panel of shell sewn to front panel center back seam of shell sewn fusing material at armhole pockets sewn to shell pocket flaps and pocket bag sewn to front panel center front placket of shell sewn and edge stitched

The Philippines
shoulder and under collar of shell sewn collar joined to shell body side panels sewn sleeve vents sewn under sleeves sewn stay tapes sewn to armholes sleeve openings hemmed sleeve caps shirring sewn and sleeves set to shell body shoulder pads inserted lining components sewn together labels sewn to lining shell and lining sewn together at front and back facing all seams tacked together shell pockets basted shell sewn to lining bottom hem sewn sleeves closed and sleeve hem tacked button holing and button added pressing inspection and packing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style BL-331051 will be 6204.33.5010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s suit-type jackets, of synthetic fibers. The rate of duty will be 27.5 percent ad valorem.

Style BL-331051 falls within textile category designation 635. 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 6201–6208 (1) If the good consists of two or more component parts, a change to an assembled good of subheading 6209.10.0000 through 6209.20.5035 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. If the good does not consist of two or more component parts, a change to subheading 6209.10.0000 through 6209.20.5035 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.

The subject garment will be classified within the above noted range, in heading 6204, HTS. The garment consists of two or more components. As the garment is not wholly assembled in a single country, the terms of the tariff shift are not met.

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 most important assembly operations occur where the following operations are done: shoulder seam and under collar sewn; collar joined to shell body; side panels sewn; sleeve cap shirring and sleeves set to shell body; all lining components sewn; joining shell and lining together; lining sewn to shell and sleeves closed. Accordingly, the country of origin of style BL-331051 is the Philippines, the country in which these operations occur.

HOLDING:

The country of origin of style BL-331051 is the Philippines. Based upon international textile trade agreements products of the Philippines 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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