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NY J85865




July 28, 2003

CLA2-RR:NC:N3:360 J85865

CATEGORY: CLASSIFICATION

Angela Yu
Yu & Yu Corporation
12981 Ramona Blvd. - Suite D
Irwindale, CA 91706

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

Dear Ms. Yu:

This is in reply to your letter dated June 27, 2003, requesting a classification and country of origin determination for style 4874/6357 which will be imported into the United States. The sample submitted with your request will be returned to you under separate cover.

FACTS:

The subject merchandise consists of a women’s shirt designated as style 4874 (Junior) and style 6357 (Junior Plus) consisting of knit and woven components. The front panels of the garment consist of 100% cotton corduroy woven fabric while the rear panel, sleeves, and hood are made from 60 percent cotton, 40 percent polyester french terry knitted fabric. The garment has a full front opening with a zipper closure, a self-fabric hood with a drawcord; long sleeves with rib knit cuff; chest patch pockets; and a rib knit rear waistband. The front panels are hemmed.

The manufacturing operations for the shirt are as follows:

CHINA

Knitted and woven fabrics formed
Components cut
Patch pockets sewn to the front panels
Zipper is set
Waistband sewn to back panel
Front panels are hemmed
Hood is joined and cover-stitched; draw-cord inserted Cuffs created and turned

El SALVADOR

Front and back panels are joined at the shoulders Front and back panels are joined at the sides Hood attached
Sleeve tubes joined and attached to shirt Cuffs attached to sleeves
Inspection and packing processes

ISSUE:

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

CLASSIFICATION:

For classification purposes, a garment consisting of both knit and woven components is considered to be a composite good and, as such, a determination must be made to establish the essential character of the garment as directed by GRI 3(b). In Memorandum 084118, dated April 13, 1989, Customs stated that certain criteria shall be applied in the classification of garments consisting of different fabrics. The memorandum states in pertinent part:

A. For upper or lower body garments, if one component exceeds 60 percent of the visible surface area, that component will determine the classification of the garment unless the other component:

(1) forms the entire front of the garment; or (2) provides a visual and significant decorative effect (e.g. a substantial amount of lace); or (3) is over 50 percent by weight of the garment; or (4) is valued at more than 10 times the primary component

In this case, although the knitted fabric exceeds 60% of the visible surface area, the woven portion forms the entire front of the garment. The woven portion therefore imparts the essential character and determines the tariff classification of the garment.

The applicable subheading for style 4874/6357 will be 6206.30.3040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of cotton. The rate of duty will be 15.5 percent ad valorem.

Style 4874/6357 falls within textile category designation 341. 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 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 women’s woven shirts in heading 6206, HTS. 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, the assembly processes in El Salvador consisting of joining of the side seams, joining of the shoulder seams; the attachment of the sleeves; and the attachment of the hood constitute the most important assembly processes. Accordingly, the country of origin of the shirt is El Salvador.

HOLDING:

The country of origin of style 4874/6357 is El Salvador. Based upon international textile trade agreements products of El Salvador are not 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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