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NY J81054




March 7, 2003

CLA2-RR:NC:N3:360 J81054

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 tank styled upper body garment; 19 CFR 102.21(c)(2); tariff shift

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 tank styled garments 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 VC2807, a fully lined women’s woven tank styled blouse made from 100 percent polyester woven fabric. The sleeveless pullover garment features a U-shaped neckline, a hemmed bottom with 2 ½ inch slits, straps that are approximately 1½ in width at the top of the shoulder and a one button back closure.

The manufacturing operations for style VC2807 are as follows:

China
fabric is woven components are cut center back seam of shell fabric is sewn label is sewn to lining fabric shell fabric is attached to front lining fabric component up to the shoulder strap shell fabric is attached to back lining fabric component up to the shoulder strap stay tape is sewn at shell armhole

The Philippines
stay tape is sewn at neckline of shell component shoulder sewn of shell and lining is joined shell and lining sewn together at back shell and lining sewn together at neckline shell and lining joined at armholes side seams of shell and lining sewn side slits of shell and lining sewn bottom hem of shell and lining closed button holing pressing inspection and packing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style VC2807 will be 6211.43.0060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other women’s garments, of man-made fiberssleeveless tank styles and similar upper body garments, excluded from heading 6206. The rate of duty will be 16.1 percent ad valorem.

Style VC2807 falls within textile category designation 641. 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

6210-6212 (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.

As style VC2807 is assembled in a single country, that is, the shoulder seams are closed, the shell and lining are joined together and the side seams are closed, as per the terms of the tariff shift requirement, country of origin is conferred in the Philippines.

HOLDING:

The country of origin of style VC2807 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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