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NY J83397




May 15, 2003

CLA-2-RR:NC:TA:N3:356 J83397

CATEGORY: CLASSIFICATION

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, NY 10004

RE: Classification and country of origin determination for a men’s knit pullover; 19 CFR 102.21 (c)(4); most important assembly

Dear Ms. Baron:

This is in reply to your letter dated April 10, 2003, on behalf of Palmphil Garments Philippines Corp., requesting a classification and country of origin determination for a men’s knit pullover that will be imported into the United States. You state that the assembly operations occur in two different countries, China and the Philippines. A sample garment was submitted with your inquiry. As requested, your sample will be returned.

FACTS:

Style JC-9506 is a men’s pullover constructed from 100 percent polyester, finely knit fabric that is napped on the inside and outside surfaces. Style JC-9506 has a self-fabric hood with an elastic drawcord and toggles; a partial front opening with a zipper closure; long, set-in sleeves with tunnel elastic cuffs; a kangaroo pocket below the waist; and a straight bottom with an elastic drawcord and toggles.

The manufacturing operations for Style JC-9506 are as follows:

CHINA:

The fabric is knit
The knit fabric is cut into component parts (front and back panels, front yoke sections, rear yoke; sleeve panels, hood sections, pocket) The hood sections are joined to create the hood The metal eyelets for the drawcord are attached The edges of the hood are hemmed and the drawcord with toggle attachments is inserted The zipper is attached to the front yoke sections The front yoke sections are attached to the front panel The pocket openings are hemmed and the pocket is attached to the front panel - The half moon is attached to the rear panel - The labels are attached
- The rear yoke is joined to the lower rear panel

PHILIPPINES:

- The front and back panels are joined at the shoulders The hood is attached and the necktape is sewn over the rear neck seam The front yoke is closed
The sleeves are attached to the body of the garment at the armholes The sleeve seams are sewn closed
- The side seams are sewn closed
- The sleeves are hemmed and the elastic is enclosed - The bottom is hemmed and the drawcord is inserted - The threads are trimmed
- The garment is inspected and packed

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Style JC-9506 is in 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: men’s or boys’. The rate of duty is 32.2 per cent ad valorem.

Style JC-9506 falls within textile category designation 638. 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 Textile Status Report for Absolute Quotas, which is available at our Web Site at www.cpb.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

6101-6117 If the good is not 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.

Although the garment is not knit to shape and consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, 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”:

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

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.

Since the garment 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 Style JC-9506, the assembly processes in the Philippines consisting of the joining of the shoulder seams; the attachment of the hood, the attachment of the sleeves; and the joining of the side seams constitute the most important assembly processes.

Accordingly, under Section 102.21 (c)(4), the country of origin of Style JC-9506 is the Philippines, the country in which the most important assembly processes occur.

The marking of the subject garment as “Made in the Philippines” is consistent with the origin rules set forth in Section 102.21, Customs Regulations, and with the country of origin marking requirements in Part 134, Customs Regulations.

HOLDING:

The country of origin of Style JC-9506 is the Philippines. Based upon international textile trade agreements, products of the Philippines are subject to visa requirements and quota restraints.

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 sections 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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