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NY J89442




September 30, 2003

CLA2-RR:NC:TA:N3:358 J89442

CATEGORY: CLASSIFICATION

TARIFF NO. 6102.20.0020

Mr. Marc Schmool
Director of Sourcing
Sports Products of America
Adjmi Apparel Group
100 West 33rd Streeet Suite 1105
New York, NY 10001

RE: Classification and country of origin for girls’ hooded jackets; 19 CFR 102.21(c)(4)

Dear Mr. Schmool:

This is in reply to your undated letter received by this office on September 26, 2003, requesting a country of origin determination for a girl’s hooded jacket, which will be imported into the United States. The style number is NB53014.

FACTS:

The subject dye velour jacket has a hood with hemmed fabric trim, two patch pockets with scoop openings, a full front zipper opening, rib knit sleeve cuffs and a rib knit waistband. The item has allover rhinestone appliquework on the front and contrast color decorative whip stitching at the zipper opening, pockets, hood and sleeve openings.. The item is made of finely knit velour fabric that is 75 % cotton and 25% polyester. Style number NB53014.is sized for girls 4 to 16.

The article will be manufactured in China and El Salvador. The goods are made as outward processing arrangements with piece goods and cutting done in China and sewing done in China and El Salvador. Samples of the completed garment and cut pieces were submitted with the request.

According to your submission, the manufacturing operations are as follows:

Processes in China:

Pockets are sewn onto the front panels
Waistband is attached to three cut panels Center panel is joined to the right and left panels by 1 inch overlock Two panels of the hood are joined by 1 inch overlock Hem on the hood is turned and hemmed
Sleeves are turned and joined by 1 inch overlock Rib is attached to both sleeves
Whipstitch is applied on garments
Rhinestones are applied on garments

Processes in El Salvador

Zipper is attached to both front panels
Panel side seams are sewn to back panel
Seams on sleeves are sewn
Sleeves are attached to the armholes
Shoulder seams are sewn together
Hood seam is joined
Hood is joined to back neck with taping as well as the main label and care label - Main label and care label are attached

ISSUE:

What is the country of origin of the subject merchandise?

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

6101-6117 (1) If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

Section 102.21(e) states that the country of origin for the girl’s hooded jacket is the country where the unassembled components are wholly assembled. Accordingly, as the jackets are not 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 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".

In this case, the assembly of the girls’ hooded jacket, under the proposed production plan, occurs in China and El Salvador.

It is the opinion of this office, that the assembly in El Salvador, where, among other activities, the zipper is attached to the front panels, the side seam panels are sewn to the back panel, the sleeve seams are sewn closed, the sleeves are attached to the main body, the shoulder sewns are sewn closed and the hood panels are joined and then sewn to the main body, constitute the most important assembly processes. Accordingly, for the proposed production plan , the country of origin of style NB53014 is El Salvador..

HOLDING:

The country of origin of the girl’s jacket, style NB53014 is El Salvador.. Based upon international textile trade agreements products of El Salvador may be 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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