United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY K80769 - NY K81024 > NY K80777

Previous Ruling Next Ruling
NY K80777




December 3, 2003

CLA2-RR:NC:WA:355 K80777

CATEGORY: CLASSIFICATION

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

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

Dear Mr. Travis:

This is in reply to your letter dated November 24, 2003, requesting a classification and country of origin determination for men’s blue denim jeans which will be imported into the United States. This request was made of behalf of Synergy.

FACTS:

The subject merchandise consists of a pair of men’s blue denim jeans, made of 100% cotton woven fabric. The jeans feature two front pockets, a small front coin pocket, two back patch pockets, a buttoned waistband, zippered fly closure and hemmed leg openings.

In your letter you state that the garments will be produced in China (Country A), and Mongolia (Country B), and that the processing (including fabric formation), does not involve Israel, NAFTA, CBTPA, AGOA or ADTPEA countries.

The manufacturing operations for the jeans are as follows:

CHINA (Country A):

The fabric is inspected and cut
The front and back panels are formed
The pockets are formed and attached to the panels The back yoke is attached to the back panels The center back seam and back rise are sewn an overlock stitch is applied to the front and back rise edges; the pockets facing and catch The zipper and fly are sewn to the left front panel The outer seams are joined
The waistband is partially attached to the body, except for the right front section The belt loops are sewn to the waistband
The keyhole is sewn on the left waistband The labels are attached to the waistband, catch and back panel

MONGOLIA (Country B):

The front rise is formed
Double needle top stitching on the front rise The inseams are sewn
Complete zipper, fly and catch attachment to the front panels Bartack the front fly
Punch studs on from pocket ends
Close and finish the right end of waistband in the front Punch metal button on center front waistband Form and sew side vents on leg openings
Hem leg openings
Trimming
Wash, iron and pack for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the jeans will be 6203.40.4010, 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 cotton: Other: Trousers and breeches: Men’s: Blue denim. The general rate of duty will be 16.7% ad valorem. In 2004, the general rate of duty will be 16.6% ad valorem.

The jeans fall within textile category designation 347. 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 a single country, territory or insular possession.

Section 102.21(e) states that the garment must be assembled in one country, territory or insular possession. Accordingly, as the jeans are assembled in both China (Country A) and Mongolia (Country B), 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 rise, sewing the inseams, completing the attachment of the fly and zipper to the front panels, completing the attachment of the waistband, and forming and sewing the side vents on the legs, constitute the most important assembly processes. Accordingly, the country of origin of the jeans is Mongolia (country B).

HOLDING:

The country of origin of the jeans is Mongolia (Country B). Based upon international textile trade agreements products of Mongolia are not subject to quota and do not require 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,

Previous Ruling Next Ruling

See also: