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NY J85956




August 5, 2003

CLA2-RR:NC:N3:360 J85956

CATEGORY: CLASSIFICATION

Arthur W. Bodek
Matthew R. Leader
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: Classification and country of origin determination for women’s woven dresses; 19 CFR 102.21(c)(4); most important assembly or manufacturing process

Dear Messrs. Bodek and Leader:

This is in reply to your letter dated July 1, 2003, on behalf of Liz Claiborne, Inc., requesting a classification and country of origin determination for women’s woven dresses which will be imported into the United States. The samples submitted with your request will be returned to you under separate cover.

FACTS:

The subject merchandise consists of a women’s dress, no style designation provided, which will be manufactured from woven fabric in either chief weight cotton or chief weight man-made fibers. The lined garment extends to below the knees and features long sleeves with buttoned cuffs, a shirt collar, a full frontal opening, a rear yoke and a hemmed bottom.

The manufacturing operations for the dress are as follows:

CHINA
fabric is cut into components front facing folded front fly edge stitched front and front side panels joined center back joined back panels and back side panels joined back yoke sewn to back panels sleeve and sleeve slit panels joined sleeve tubes closed cuffs made and joined to sleeves collar made and joined to collar stand lining panels joined buttonholes on cuffs and center front made

Korea
front and back panels joined at shoulder panels front and back panels joined at side seams sleeves attached to body collar set garment hemmed lining joined to shell buttons set chain stitched between shell and lining made pressing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the dress, when in chief weight of cotton will be 6204.42.3050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ dresses of cotton fibers. The rate of duty will be 8.8 percent ad valorem. When in chief weight of synthetic fibers, the applicable subheading will be 6204.43.4030, HTSUSA; if in chief weight of artificial fibers, the applicable subheading will be 6204.44.4010, HTSUSA. The rate of duty will be 16.1 percent ad valorem.

The dress, when in chief weight of cotton falls within textile category designation 336; when in chief weight of man-made fibers, the textile category designation is 636. 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
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.

Since the subject merchandise is classified in heading 6204, HTSUSA, and consists of two or more components that are not wholly assembled in a single country, the terms of the tariff shift are not met. As such, 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 joining of the front and back panels of the shell at the shoulder and side seams, the joining of the lining to the shell and the attachment of the sleeves and collar of the dress constitute the most important assembly processes. Accordingly, the country of origin of the dress is Korea.

HOLDING:

The country of origin of the dress is Korea. Based upon international textile trade agreements products of Korea 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 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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