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NY K80110




November 18, 2003
CLA2-61:RR:NC:TA:N3: 361 K80110

CATEGORY: CLASSIFICATION

Ms. Stacy Bauman
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: Classification, country of origin determination and eligibility under the Africa Growth and Opportunity Act (AGOA) for two women’s knit pants; 19 CFR 102.21(c)(2).

Dear Ms. Bauman:

This is in reply to your letter dated October 22, 2003 requesting a classification, country of origin and AGOA determination, for two styles of women’s knit pants on behalf of Dress Barn Inc.

FACTS:

Style 06513A is constructed from 100 percent cotton knit fabric. The pants have an elasticized waistband with a braided draw cord and hemmed leg openings.

Style 86529 is constructed from 52 percent cotton, 48 percent polyester knit fabric. The pants have an elasticized waistband with a braided draw cord, satin trim at the center of the waistband, and hemmed leg openings.

You have provided the following information concerning the manufacture of these garments.

Style 06513A
Fabric, Taiwanese origin, imported in rolls into Lesotho Braided draw cord, Taiwanese origin, imported in rolls of continuous length into Lesotho Elastic for waistband, Taiwanese origin, imported in rolls of continuous length into Lesotho

Style 86529, Scenario 1
Fabric, Taiwanese origin, imported in rolls into Lesotho Braided draw cord, Taiwanese origin, imported in rolls of continuous length into Lesotho Satin trim - Taiwanese origin, imported in rolls of continuous length into Lesotho Elastic for waistband, Chinese origin, imported in rolls of continuous length into Lesotho

Style 86529, Scenario 2
Fabric, Taiwanese origin, imported in rolls into Lesotho Braided draw cord, Taiwanese origin, cut to length in Taiwan, imported in cut to length pieces into Lesotho* Satin trim - Taiwanese origin, imported in rolls of continuous length into Lesotho Elastic for waistband, Chinese origin, imported in rolls of continuous length into Lesotho * We assume that these pieces are merely cut to length and neither knotted nor finished in any other way in Taiwan.

ISSUES:

What are the classification, country of origin, and AGOA eligibility of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the pants will be 6104.62.2011, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’strousersknitted or crocheted: Of cotton. The general rate of duty is 15.1% ad valorem.

The pants fall within textile category designation 348. 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.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:

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 6101–6117
If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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.

As the pants are classified within the above range, are not knit to shape, consist of two or more components, and are wholly assembled in a single country, territory or insular possession, the terms of the tariff shift are met. The country of origin is Lesotho, the country in which the garments are wholly assembled.

HOLDING:

The country of origin of the women’s pants is Lesotho. Based upon international textile trade agreements products of Lesotho are not subject to quota and the requirement of a visa.

Concerning the AGOA, based on the information that you supplied, and provided all requirements are met, the pants are eligible for duty free treatment under subheading 9819.11.12, HTSUS, which provides for: Apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more such lesser developed countries enumerated in U.S. note 2(d) to this subchapter, subject to the provisions of U.S. note 2 to this subchapter, regardless of the country of origin of the fabric or the yarn used to make such articles, if entered during the period beginning on the date announced in a Federal Register notice issued by the United States Trade Representative and continuing through September 30, 2004, inclusive .

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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