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NY K83410




March 2, 2004

CLA2-RR:NC:WA:355 K83410

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 swimshorts; 19 CFR 102.21(c)(4)

Dear Ms. Pu:

This is in reply to your letter dated February 19, 2004, requesting a classification and country of origin determination for men’s swimshorts which will be imported into the United States.

FACTS:

The subject merchandise consists of men’s 100% polyester woven swimshorts. The garment features an elasticized tunneled waistband with a fully functional drawstring; two side seam pockets with knit mesh pocket fabric; an interior coin pocket of mesh fabric; a zippered pocket located on the left front leg panel. This pocket has a side opening and interior grommets for drainage. The garment has hemmed leg openings.

The manufacturing operations for the swimshorts are as follows:

China:

The fabric is woven
The trim is made, such as the draw cord, elastic fabric, rubber, zipper, eyelets, thread, the knit mesh lining fabric The fabric is cut into component parts
The logo is embroidered on the side panel strips The fabric strips comprising the sides of the shorts are sewn together The side seam pockets are formed
The zipper is attached to both front panels

El Salvador:

The front panels are completely joined (the front rise is formed) The front rise is top stitched
The front splices are joined to the front panels The lower left pocket is formed
The front panel is top stitched at the seam of the front splice The right and left back panels are joined (the back rise is formed) The back rise is top stitched at the back panels The top back is joined to the back panel
The seam of the yoke is top stitched at the back panel The liner is prepared by joining the front and back support panels Rubber is attached to the leg opening of the liner The key pocket is formed and attached to the top of the front panel The side seams are joined
The side splice is joined to the back panel The inseams are joined
The waistband with elastic is formed and attached The inseams and outer seams are attached
The liner is attached
The labels are attached
The drawcord is inserted
The garment is inspected, pressed and packed for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the swimshort will be 6211.11.1010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for track suits, ski-suits and swimwear; other garments; Swimwear: Men’s or boys’: Of man-made fibers: Men’s. The rate of duty will be 7.5% ad valorem.

The swimshort falls within textile category designation 659. 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

6210 - 6212 If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 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 good must be assembled in a single country, territory or insular possession. Accordingly, as the swimshort does 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, joining the front panels forming the front rise; joining the back panels forming the back rise, sewing the inseams and outer seams, forming and attaching the waistband, liner and pockets constitute the most important assembly processes. Accordingly, the country of origin of the swimshort is El Salvador.

HOLDING:

The country of origin of the swimshort is El Salvador. Based upon international textile trade agreements products of El Salvador 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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