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NY J88147




August 25, 2003

CLA2-RR:NC:N3:360 J88147

CATEGORY: CLASSIFICATION

John A. Schoenig
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 shirts; 19 CFR 102.21(c)(4) - correction to ruling NY J85325

Dear Mr. Schoenig:

This letter replaces the ruling letter sent to you on July 1, 2003, under file number NY J85325. In your letter dated May 28, 2003, on behalf of Ellen Tracy, Inc., you requested a classification and country of origin determination for women’s woven shirts which will be imported into the United States. The purpose of this replacement letter is to correct an inadvertence concerning the country of origin determination. A corrected letter follows.

FACTS:

The subject merchandise consists of a women’s shirt, style s/87105, made from woven fabric of 100 percent cotton. The garment features long sleeves with buttoned cuffs, a full frontal opening with a six-button closure, a rear yoke, a shirttail bottom and a pointed collar.

The manufacturing operations for the shirt are as follows:

Country A (China)

Fabric cut into components
Collar formed
Sleeve tubes creating by joining seams
Sleeve plackets formed and sewn onto sleeve tubes Cuffs formed and set onto sleeve tubes
Back yoke sewn onto back panel
Front placket sewn onto respective front panel

Country B (Hong Kong)

Front and back panels joined at shoulder seams Front and back panels joined at side seams Sleeve tubes joined to garment body

Country A (China)

Collar set onto garment body
Hemming, finishing, buttoning, pressing and packing

ISSUE:

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

CLASSIFICATION:

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

The shirt 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 1) If the good consists of two or more component parts, a change to an assembled good of 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.

Accordingly, as the garment does not meet the requirements of Section 102.21(e), because it is not wholly assembled in a single country, 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 at the shoulder seams and at the side seams and the attachment of the sleeves to the garment constitute the most important assembly processes. Accordingly, the country of origin of the shirt is Hong Kong.

HOLDING:

The country of origin of the shirt 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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