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NY K81859





December 11, 2003

CLA2-RR:NC:WA:355 K81859

CATEGORY: CLASSIFICATION

Mr. Michael S. O’Rourke
Rode & Qualey
55 West 39th Street
New York, NY 10018

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

Dear Mr. O’Rourke:

This is in reply to your letter dated December 8, 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 on behalf of Sky Garments, Ltd., Hong Kong.

FACTS:

The subject merchandise consists of men’s blue denim jeans. The jeans feature two front pockets with zippered pockets set on top of each of them; two back pockets; a left over right front fly with a two button fastening at the waistband; eight belt loops and hemmed leg openings.

The manufacturing operations for the jeans are as follows:

CHINA:

The fabric is cut into component parts
The component parts are sewn into two back panels, each panel consisting of six separate pieces and a back pocket The two back panels are joined (forming the back rise) The component parts are sewn into the front panels; each panel consists of three separate pieces and a pocket with a zippered front The front panels are joined to the zipper, thus joining the two front panels; but not forming the front rise

HONG KONG:

The outer and inner seams are sewn together, joining the front and back panels to each other The waistband is sewn to the panels
The front rise is sewn
The leg openings are hemmed

CHINA:

The belt loops are sewn to the waistband
The snaps are attached to the waistband
The pants are washed, pressed and packaged for shipment to the United States

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the jeans will be 6203.42.4010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other: Trousers and breeches: Men’s: Blue Denim. The rate of duty will be 16.7% ad valorem. In 2004, the duty rate 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 an single country, territory, or insular possession.

Section 102.21(e) states that all the assembly must take place in a single country, territory or insular possession. Accordingly, as the jeans are assembled in both China and Hong Kong, 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, sewing the front rise, sewing the inseams and outer seams together and sewing the waistband onto the jeans constitute the most important assembly processes. Accordingly, the country of origin of the jeans is Hong Kong.

HOLDING:

The country of origin of the jeans is Hong Kong. Based upon international textile trade agreements products of Hong Kong 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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