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NY J87239




September 9, 2003

CLA2-RR:NC:3:353 J87239

CATEGORY: CLASSIFICATION

Ms. Marla Schmidt
Sigmatex, Inc.
551 Fifth Avenue
Suite 1110
New York, NY 10176

RE: Classification and country of origin determination for a scrub suit; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Schmidt:

This is in reply to your letter dated August 19, 2003, requesting a classification and country of origin determination for a scrub suit that will be imported into the United States.

FACTS:

The subject merchandise, a scrub suit, consists of a top and pants, sealed in a polybag. The scrub suit is constructed of woven 50% polyester, 50% cotton fabric. The fabric is dyed colors, printed, or bleached white. The unisex pullover top is reversible, and features short sleeves. The top comes either with two pockets (one left chest patch pocket and one right patch pocket below the waist), or with no pockets. The unisex pants are reversible and feature a nylon tubular tie at the waist. The pants come either with one rear patch pocket or with no pocket.

The manufacturing operations for the scrub suit are as follows:

- Fabric is formed in China or Pakistan
- Fabric is shipped to Madagascar
- The fabric is cut to shape, sewn into scrub suits, and packed in Madagascar - The scrub suits will be shipped directly to the United States

ISSUE:

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

CLASSIFICATION:

The scrub suit consists of two garments, a top and pants. Note 13 of Section XI, of the HTSUSA, requires that the textile garments of different headings be separately classified, thus preventing classification of the scrub suit, which consists of two garments, as a set.

The applicable subheading for the scrub top without pockets will be 6206.40.3030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Women’s or girls’, blouses, shirts and shirts-blouses: Of man-made fibers: Other: Other, Other: Women’.” The rate of duty will be 27.1% ad valorem. The textile category designation is 641.

The applicable subheading for the scrub top with a pocket below the waist will be 6211.43.0060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Track suitsOther garments, women’s or girls’: Of man-made fibers, Blouses, shirts and shirts-blousesexcluded from heading 6206.” The rate of duty will be 16.1% ad valorem. The textile category designation is 641.

The applicable subheading for the scrub pants with or without pockets will be 6204.63.3510, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Women’s or girls’TrousersOf synthetic fibers: Other: Other: Other: Other, Trousers and breeches: Women’s.” The rate of duty will be 28.8% ad valorem. The textile category designation is 648.

Due to the fact that the scrub top and pants are to be constructed of a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The scrub top or pants will be classified as if they consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The scrub top and pants may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend they may be reclassified by Customs at that time.

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 (1) 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.

6210–6212 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

As the components are wholly assembled in a single country, that is, Madagascar, as per the terms of the tariff shift requirement, country of origin is conferred in Madagascar.

HOLDING:

The country of origin of the scrub tops and pants is Madagascar. Based upon international textile trade agreements products of Madagascar are not subject to quota or 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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