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NY J82622




April 9, 2003

CLA2-RR:NC:WA:355 J82622

CATEGORY: CLASSIFICATION

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road, 2nd flr.
Valley Stream, NY 11580

RE: Classification and country of origin determination for a men’s shirt; 19 CFR 102.21(c)(4)

Dear Mr. Weinrauch:

This is in reply to your letter received April 7, 2003, requesting a classification and country of origin determination for a men’s shirt which will be imported into the United States. This request was made on behalf of Orioxi International Corp.

FACTS:

The subject merchandise consists of a one hundred percent cotton woven denim shirt, identified as style 96125-03VM. The garment has a full front opening with seven buttons for closure, two chest pockets, long sleeves with buttoned cuffs and a pointed collar. The shirt has a sizing label with an alpha size “L”. The sample will be returned.

The manufacturing operations for the shirt are as follows:

CHINA:

The fabric is formed and cut into the component parts The collar is formed and attached to the collar stand The sleeve cuff is formed
The main label and content/size label is attached on the back yoke panel The back yoke is formed and attached to the back panel The sleeve placket is attached to the sleeve panel The placket is attached to the front panel The button holes are formed on the placket, pockets, cuffs, sleeve plackets, and collar stand The partial snap button is attached to the collar point Screen printing and embroidery are done on the back panel The washing instruction label is attached to the lower edge of the inside front panel

EL SALVADOR:

The shoulder seams are sewn joining the front and back panels The collar is fully attached to the front and back panels The sleeve seams are sewn closed and attached to the body of the garment The side seams are sewn joining the front and back panels The cuffs are attached to the sleeves
The front and back panels are hemmed
The buttons are sewn on the placket, sleeve plackets, sleeve cuffs, collar stand and pockets The partial snap button is attached to the upper front panel The garment is washed to achieve the required color

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style 96125-03VM will be 6205.20.2050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ shirts, of cotton, other, other, other with two or more colors in the warp and/or the filling, other, men’s. The rate of duty will be 19.8 percent ad valorem.

Style 96125-03VM falls within textile category designation 340. 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 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.

Section 102.21(e) states that the good must be completely assembled in a single country, territory or insular possession. Accordingly, as the shirt does not meet this requirement, 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, 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, joining the front and back panels by sewing the shoulder seams, attaching the collar, sewing the sleeve seams shut and fastening to the garment body, sewing the side seams, thus joining the front and back panels at the side, attaching the sleeve cuffs, hemming the shirt and sewing the buttons on the various areas of the shirt constitute the most important assembly processes. Accordingly, the country of origin of the shirt is El Salvador.

HOLDING:

The country of origin of the shirt is El Salvador. Based upon international textile trade agreements products of El Salvador are not subject to quota and do not require 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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