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NY J88575




September 26, 2003

CLA-2-RR:NC:WA:361 J88575

CATEGORY: COUNTRY OF ORIGIN

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

RE: Country of origin determination for a woman’s woven skirt; 19 C.F.R. §102.21(c)(4).

Dear Mr. Bodek and Mr. Leader:

This is in reply to your letter dated August 28, 2003, submitted on behalf of your client Liz Claiborne, Inc. Your request concerns the country of origin determination for a skirt. As you requested, the submitted skirt and partially assembled components will be returned to you under separate cover.

FACTS:

The skirt, for which no style number was provided, will be constructed from either chief weight cotton or chief weight man-made fiber woven fabric. The fully lined skirt has two front and two rear panels, a front opening with a zipper closure, a waistband with belt loops and a button closure, and a hemmed bottom.

The manufacturing operations for the skirt will be made from one of the following scenarios, as follows:

SCENARIO 1

China
Cut fabric into components
Make waistband
Make belt loop strip
Attach left and right back panels
Join lining panels
Attach zipper to one front panel

Korea
Attach zipper to front panel and complete front seam Join front and back panels at the side seams Attach waistband
Attach lining to shell
Attach belt loops

SCENARIO 2

China
Cut fabric into components
Make waistband
Make belt loop strip
Attach left and right back panels
Attach front panels to back at side seams (leaving front panels detached) Join lining panels
Attach zipper to one front panel

Korea
Attach zipper to front panel and complete front seam Attach waistband
Attach lining to shell
Attach belt 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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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
(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.

(2) 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.6101–6117

The subject garment will be classified within the above noted range, in heading 6204. The garment consists of two or more components. As the garment 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 to shape, 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".

For the submitted garment, under scenario 1, the most important assembly operations occur at the time that the zipper is attached to the front panel and the front seam is completed, the front and back panels are joined at the side seams, the waistband is attached, and the lining is attached to the shell. Under scenario 2, the most important assembly operations occur at the time that the zipper is attached to the front panel and the front seam is completed, the waistband is attached, and the lining is attached to the shell. Accordingly, the country of origin is the country in which these operations occur, therefore the country of origin is Korea under both scenarios.

HOLDING:

The country of origin of the skirt 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 C.F.R. §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 C.F.R. §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 C.F.R. §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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