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NY J86079




August 13, 2003

CLA2-62:RR:NC:WA 361 J86079

CATEGORY: COUNTRY OF ORIGIN

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

RE: Country of origin determination for a pair of woman’s woven pants; 19 CFR 102.21(c)(4).

Dear Mr. Bodek and Mr. Leader:

This is in reply to your letter dated July 11, 2003 requesting a country of origin determination for a pair of woman’s woven pants on behalf of Liz Claiborne, Inc. The submitted components will be returned, as you requested.

FACTS:

The subject garment is a pair of woman’s pants made of woven fabric in either chief weight cotton or chief weight man-made fibers. The pants have a waistband with belt loops, a front opening with a zipper closure and side seam pockets.

The garment consists of the following parts: two back panels, two front panels, a waistband, pockets, belt loops; a zipper. The manufacturing operations for the pants under three scenarios are as follows:

SCENARIO I

China
Cut the fabric to component parts
Sew pockets onto leg panels
Attach zipper to one leg panel
Join left and right back panels forming back rise Make waistband
Make belt loop strand

Korea
Join left and right front panels forming front rise Sew inseams
Sew outseams
Attach waistband
Cut belt loop strand into individual loops Attach loops

SCENARIO II

China
Cut the fabric to component parts
Sew pockets onto leg panels
Attach zipper to one leg panel
Make waistband
Make belt loop strand
Sew outseam
Join left and right back panels to form back rise

Korea
Join left and right front panels forming front rise Sew inseams
Attach waistband
Cut belt loop strand into individual loops Attach loops

SCENARIO III

China
Cut the fabric to component parts
Sew pockets onto leg panels
Attach zipper to one leg panel
Make waistband
Make belt loop strand
Attach front and back panels at inseams
Attach front and back panels at outseams (forming two separate, unattached tubes)

Korea
Form front and back rises
Attach waistband
Cut belt loop strand into individual loops Attach loops

ISSUE:

What is the country of origin of the subject merchandise?

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the 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 pants will be classified within the range indicated above, specifically in heading 6204. As the pants are assembled in more than one country, territory or insular possession, the terms of the tariff shift are not met, and, therefore, 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 to shape nor wholly assembled in a single country, territory or insular possession, 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".

The most important assembly operations for each scenario are as follows: Scenario I: Joining the left and right front panels forming front rise; sewing the inseams; sewing the outseams; and attaching the waistband. Scenario II: Joining the left and right front panels forming front rise; sewing the inseams; and attaching the waistband.

Scenario III: Forming the front and back rises and attaching the waistband.

Accordingly, the country of origin is Korea, the country in which these operations occur.

HOLDING:

The country of origin of the woman’s pants 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 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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