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NY K81424





November 26, 2003

CLA2-RR:NC:WA:355 K81424

CATEGORY: CLASSIFICATION

Mr. Thomas Caldecot Chubb III
Oxford Industries
222 Piedmont Avenue N.E.
Atlanta, GA 30308

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

Dear Mr. Chubb:

This is in reply to your letter dated November 20, 2003, requesting a classification and country of origin determination for men’s woven pants which will be imported into the United States.

FACTS:

The subject merchandise consists of a pair of men’s 100% cotton woven fabric pants. the garment features a zippered fly front with a button closure at the waistband; five belt loops; pleated front panels; two side seam pockets; two back welt pockets with button closures; and cuffed pant legs. No style number was provided to identify the garment.

The manufacturing operations for the pants take place in China and then in either Dominican Republic, Colombia or Honduras. The processes are as follows:

CHINA:

The fabric is formed
The fabric is cut into component parts
The front and back panels are made
The front and back pockets are made
The front and back pockets are sewn and attached to the front and back panels The zipper is attached to the left front panel, but the rise is not formed The right and left back panels are joined and the back rise is formed The front and back panels are joined (the side seams are closed) The waistband and belt loops are made and attached The buttonhole is made

DOMINICAN REPUBLIC or COLOMBIA or HONDURAS:

The zipper is attached at the right front panel The two front panels are joined at the front rise with the zipper attached (the front rise is formed) The inseams of the front and back panels are sewn and joined The leg bottoms are hemmed and cuffed
Bartacking and trimming is done
The buttons are attached
Quality control inspection is performed
The garment is washed, pressed and packed for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pants will be 6203.42.4015, 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: Other: Trousers and breeches: Men’s: Other. The rate of duty will be 16.7 percent ad valorem.

The pants 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 all the assembly processes must take place in a single country, territory or insular possession. Accordingly, as the pants 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, attaching the zipper at the right front panel, joining the two front panels and forming the front rise, sewing the inseams together, cuffing and hemming the garment constitute the most important assembly processes. Accordingly, the country of origin of the pants is Dominican Republic, Colombia or Honduras; wherever the second set of manufacturing processes, as set forth in the letter, take place.

HOLDING:

The country of origin of the pants is either Dominican Republic, Colombia or Honduras. Based upon international textile trade agreements products of Dominica Republic are subject to quota and the requirement of a visa; products of Colombia or Honduras 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,

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