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NY J83505




May 7, 2003

CLA2-RR:NC:TA:357 J83505

CATEGORY: CLASSIFICATION

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Blvd.
Los Angeles, CA 90026-5097

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

Dear Ms. Antrim-Saizan:

This is in reply to your letter dated April 1, 2003, received April 24, on behalf of DDK International, Inc., requesting a classification and country of origin determination for a men’s woven outerwear jacket which will be imported into the United States.

FACTS:

The subject merchandise consists of style #20-184C, a men’s woven outerwear jacket with a shell made from a 100% polyester fabric coated for water resistance. The jacket is hip-length and has a full front zipper opening, a pointed collar, double, slant pockets at the waist, partially elasticized cuffs and waistband, a heavily brushed fleece lining and a polyester filling.

The manufacturing operations for the jacket are as follows:

China:

Cutting fabrics to shape
Fusing interlining on the cut pieces of collar, cuffs, back panel, each front facing and each front panel Making up collar and attaching polyester filling Making up cuffs and attaching button tape Making up each sleeve panel by sewing two cut pieces together Making up back panel by sewing six cut pieces together and attaching elastic band Attaching polyester filling to each sleeve lining panel and each front facing Attaching slit pocket with hook and loop closure and front facing to each front lining panel and flap pockets to front left lining panel Sewing half-moon facing, size label and hanger loop to back lining panel Folding, inserting string and stitching along the full opening edge of each front panel Sewing slant pocket and zipper pocket to each front panel

Hong Kong:

¼” top stitching along shoulder seam
Sleeve setting
¼” top stitching along armhole
Underarm and sideseam closing
5 thread overlock underarm closing of sleeves lining Front body lining setting to center front 5 thread overlock, shoulder, armhole and side seam and bottom hem of lining Collar setting

ISSUE:

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

CLASSIFICATION:

If the jacket passes the water resistance test specified in HTS Chapter 62 Additional U.S. Note 2, the applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other anoraks, windbreakers and similar articles of man-made fibers, water resistant. The rate of duty will be 7.2 percent ad valorem.

This jacket falls within textile category designation 634. 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.cbp.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 6201-6208 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 subject merchandise 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, the sewing of the shoulder seams, setting the sleeves, the underarm and sideseam closing, the setting of the front body lining to the center front and the collar setting constitute the most important assembly processes. Accordingly, the country of origin of the jacket is Hong Kong.

HOLDING:

The country of origin of the jacket is Hong Kong. Based upon international textile trade agreements products of Hong Kong 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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