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NY J81682




April 2, 2003

CLA2-RR:NC:TA:360 J81682

CATEGORY: CLASSIFICATION

Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: Classification and country of origin determination for women’s woven shirts; 19 CFR 102.21(c)(4)

Dear Mr. Travis:

This is in reply to your letter dated March 4, 2003, requesting a classification and country of origin determination on behalf of Tristate Holdings Ltd., for women’s woven shirts which will be imported into the United States. The sample of the completed garment and garment parts will be returned, as you requested.

FACTS:

The submitted sample, no style designation provided, is a women’s shirt made from 100% linen woven fabric. The garment is constructed from three panels sewn together lengthwise and extends from the shoulders to slightly below the waist. The shirt features long sleeves with buttoned cuffs, a set-in shirt collar, a full front opening secured by six buttons, a hemmed bottom and self-facing. The front and rear panels feature darts.

You have presented two scenarios for the production of the garment. Further you have stated that the fabric is sourced in Italy, and the interlining and other items such as buttons and labels will be sourced in Hong Kong and/or China. The shirt may be made in woven fabric other than linen.

You have indicated that the garments will be produced as part of a multi-country processing operation. You have requested that we provide a ruling on the basis of the designations "A" and "B", as the countries of production may change. Israel will not be one of the countries of production nor are any of the countries participating in NAFTA, AGOA, CBTPA or ATPDEA involved.

You have described the manufacturing operations as follows:

SCENARIO A

Fabric for shell is cut into component parts Interlining is fused to cut parts
Front darts are sewn
Front facings are folded and ironed
Front hems are turned and partially sewn
Button and buttonholes are sewn to the front panels Back darts are sewn
Back hem is turned and partially sewn
Sleeve placket vents are sewn
Sleeve underarm seams are partially sewn
Sleeve cuffs are sewn
Button and buttonholes are sewn to the sleeve cuffs Shirt collar is sewn
Label is sewn to collar stand

Front and back panels sewn together at shoulders Side seams closed
Sleeves joined at underarm seams
Sleeves set to body at armholes
Collar is set to body at neck seam
Labels are sewn
Buttons and buttonholes are sewn to collar Thread trimming
Ironing
Hangtags attached
Packing and packaging

SCENARIO B

Fabric for shell is cut into component parts Interlining is fused to cut parts
Front darts are sewn
Front facings are folded and ironed
Front hems are turned and partially sewn
Button and buttonholes are sewn to the front panels Back darts are sewn
Back hem is turned and partially sewn
Sleeve placket vents are sewn
Sleeve cuffs are partially sewn
Buttonholes are sewn to the sleeve cuffs
Shirt collar is sewn
Label is sewn to collar stand

Front and back panels sewn together at shoulder seams Side seams closed
Sleeves joined at underarm seams
Sleeve cuffs are sewn
Buttons are sewn to cuffs
Sleeves set to body at armholes
Collar is set to body at neck seam
Labels are sewn
Buttons and buttonholes are sewn to collar Thread trimming
Ironing
Hangtags attached
Packing and packaging

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the shirt will be 6206.90.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s woven blouses of other textile materials. The rate of duty will be 6.7 percent ad valorem.

The blouse falls within textile category designation 840. 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 If the good consists of two or more component parts, a change to an assembled good of heading 6201 through 6208 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 heading 6201 through 6208 from any heading outside that group, 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 merchandise is classified as a women’s woven shirt in heading 6206, HTSUS. The subject merchandise consists of two or more components. As it 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, both scenarios, the joining of the front and back panels at the shoulders and side seams; the joining of the sleeves to the body of the garment; and, the joining of the collar to the body of the garment constitute the most important assembly processes. Accordingly, the country of origin of the blouse in both scenarios is Country “B”.

HOLDING:

The country of origin of the shirt is Country “B”. Based upon international textile trade agreements products of Country “B” 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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