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NY K83032




February 17, 2004
CLA2-61:RR:NC:WA 361 K83032

CATEGORY: CLASSIFICATION

Ms. Brenda A. Jacobs
Sidley Austin Brown & Woods LLP
1501 K Street, N.W.
Washington, D.C. 20005

RE: Classification and country of origin determination for a woman’s knit robe; 19 CFR 102.21(c)(4).

Dear Ms. Jacobs:

This is in reply to your letter of February 5, 2004, requesting a classification and country of origin determination for a woman’s knit robe that will be imported into the United States.

FACTS:

The submitted garment, style W-O-HOOD, is constructed from 80 percent cotton, 20 percent polyester knit velour fabric. The ankle length robe has a stand up collar; long sleeves that may be worn folded up; a full front opening with a zipper closure that begins approximately 14 inches from the bottom; side seam pockets below the waist; and a hemmed bottom. The garment is constructed from the following parts - two front panels, one back panel, two sleeve components, pocketing components, and a collar component. In addition to the completed garment, a partially assembled garment, in the condition that it will be exported from country B, was also provided.

The manufacturing operations will be completed in two countries, designated as Country A and Country B. You noted that neither of these countries are party to a free trade agreement or preference arrangement with the United States. The manufacturing operations are as follows:

Country A - Stage 1
Cut the fabric to component parts
Make pockets
Set pockets to front panels

Country B - Stage 2: Assembly
Sew shoulder seams, joining front panels to back panel Attach sleeve panels
Close sleeve panels, forming sleeves
Sew side seams and under arm sleeves

Country A - Stage 3: Finishing
Make up collar
Attach collar
Sew front placket
Attach zipper
Hem sleeves and bottom
Attach main and country of origin labels
Pack garment in individual poly bag, then in cartons for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the garment will be 6108.91.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Women’sbathrobes, knitted or crocheted: Of cotton. The general rate of duty is 8.5 percent ad valorem.

The garment falls within textile category designation 350. 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.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 6101–6117
If the good is not knit to shape and consists of two or more component parts, 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. If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric-making process. If the good is knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knit-to-shape components are knit in a single country, territory, or insular possession.

The robe is classified within the above range, specifically in heading 6108. The garment is not knit to shape and consists of two or more components. Since the garment is assembled in more than one country, territory or insular possession, the terms of the tariff shift are not met and (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 to shape nor wholly assembled in a single country, territory or insular possession, 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".

The most important assembly operations occur at the time that the shoulder seams are sewn, the sleeve panels attached, and the side seams sewn closed. Accordingly, the country of origin is Country B, the country in which these operations occur.

HOLDING:

The country of origin of the garment is Country B. Based upon international textile trade agreements, products of countries B may be 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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