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NY K80668




November 25, 2003

CLA2-RR:NC:WA:355 K80668

CATEGORY: CLASSIFICATION

Ms. Sandy Pu
Yu & Yu Corp.
12981 Ramona Blvd., #D
Irwindale, CA 91706

RE: Classification and country of origin determination for men’s shorts; 19 CFR 102.21(c)(4)

Dear Ms. Pu:

This is in reply to your letter dated November 11, 2003, requesting a classification and country of origin determination for men’s woven shorts, which will be imported into the United States.

FACTS:

The subject merchandise consists of a pair of men’s woven microfiber shorts made of 100% polyester fabric. The pull-on garment, identified as style 7325201, features a fully elasticized waistband, a knit mesh liner, a small interior pocket made of mesh fabric designed to hold a key or other small object, two side seam pockets lined with the same mesh fabric, a zippered pocket set on the front lower left leg panel with an interior grommet for drainage, a back yoke, side “splices” which form side vents and hemmed leg openings.

The manufacturing operations for the shorts are as follows:

CHINA:

The fabric is formed
The trim, such as elastic, zipper, eyelet, rubber (for elastic waistband), thread and liner fabric is made The fabric is cut into component parts
The fabric is embroidered with a trademark The right and left panels are joined, forming the front rise The front rise is top stitched
The upper pockets are set up
The eyelet is put into the zippered pocket fabric The lower left zippered pocket is formed
The zipper is set into the lower left pocket The pocket opening is bar tacked
The front splice and leg splice facing are joined The center splice is joined
The back leg splice is joined
The seams of the front splice are top stitched The right and left back panels are joined, forming the back rise The back rise is top stitched
The top back is joined to the yoke panel
The resulting seam is top stitched
The liner is formed
The key pocket is formed

EL SALVADOR:

The side seams are joined by joining the side splices to the back panels and top stitching the resulting seams The inseams are joined
The ends of the inseams are bar tacked
The waistband is joined to the body
The elastic is set in the waistband
The waistband is turned and top stitched
The liner and key pocket are joined at the waistband The label is set
The waistband is finished
The garment is inspected, pressed and packed for export

In your submission, you refer to a drawcord; however, in the sample that you have submitted, and in the accompanying sketches, there is no indication of a drawcord or of the intended presence of a drawcord. We have dealt with this garment in the condition as presented to us for a ruling.

ISSUE:

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

CLASSIFICATION:

In your letter you refer to the garment as a water short. You indicate in margin notes that it will be sold to Sam’s Club, as swimwear. Nothing else is provided.

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (January 28, 1988), the Court of International Trade stated that three factors must be present if a garment is to be considered swimwear for tariff purposes:

(1) the garment has an elasticized waistband through which a drawstring is threaded (2) the garment has an inner lining of lightweight material, and (3) the garment is designed and constructed for swimming

From a physical examination it is clear that style 7325201 does not meet the first requirement of Hampco; that is, there is no drawstring which is threaded through the waistband.

The applicable subheading for the short will be 6203.43.4030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Men’s or boys’ trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other: Shorts: Men’s. The rate of duty will be 28.1% ad valorem.

Style 7325201 falls within textile category designation 647. 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:

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 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 an single country, territory, or insular possession.

Section 102.21(e) states that the garment must be wholly assembled in a single country, territory or insular possession. Accordingly, as the shorts do not meet this requirement, 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, forming the front and back rises, attaching the yoke to the back panels, attaching the splice pieces to the front panels, assembling the liner, and forming the pockets, constitute the most important assembly processes. Accordingly, the country of origin of the shorts is China.

HOLDING:

The country of origin of style 7325201 is China. Based upon international textile trade agreements products of China 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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