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NY K83871




March 17, 2004

CLA2-RR:NC:WA:355 K83871

CATEGORY: CLASSIFICATION

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad St.
New York, NY 10004

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

Dear Ms. Cumins:

This is in reply to your letter dated February 27, 2004, requesting a classification and country of origin determination for men’s woven suits, which will be imported into the United States. This request is made on behalf of Wonderful International Group (HK), Ltd.

FACTS:

The subject merchandise consists of two styles of men’s suits identified as style WDF-04211 and WDF-04212. In your letter you state that the pants for both suits is identical in construction but matches the fabric of each jacket that it is paired with.

Style WDF-04211 is a suit consisting of a fully lined jacket and matching fabric pants, made of 100% woven polyester fabric with a taffeta lining. The jacket is constructed of six panels sewn together lengthwise, two front panels, two side panels and two back panels. The jacket features a collar, notched lapels, one breast pocket, two flap front pockets, three inside pockets, a full front opening secured by three buttons and a rounded hemmed bottom. The pants, made of identical fabric, features a buttoned waistband with six belt loops, pleated front panels, two side slash pockets, two back welt pockets with buttons, and a front fly secured by a zipper.

Style WDF-04212 is a suit consisting of a fully lined double breasted jacket with matching fabric pants, made of 100% polyester woven fabric with a taffeta lining. The jacket is constructed of six panels sewn together lengthwise, two front panels, two side panels and two back panels. The jacket features a collar, peak lapels, one breast pocket, two front pockets with flaps and three inside pockets and a straight hemmed bottom. Six buttons secure the full front opening. . The pants, made of identical fabric, features a buttoned waistband with six belt loops, pleated front panels, two side slash pockets, two back welt pockets with buttons, and a front fly secured by a zipper.

The manufacturing operations for style WDF-04211 and WDF-04212 are identical and are as follows:

China:

Jacket:
cutting of all fabric components (shell fabric, fusible lining and taffeta lining) for the jacket and pants the jacket collar is fused and sewn, but not attached the front panels and side panels are fused the breast pocket, front pockets and inside pockets are fused and sewn onto the jacket panels the chest fused piece is sewn to the front panels the front edges are made all other panels are fused the sleeves are created

Pants:
cutting of all fabric components the panels are overlock stitched the waistband is fused and sewn; the belt loops are made pockets are formed and attached to the front and back panels the zipper is sewn to the right front leg panel only

Vietnam:

Jacket: the back panels of the jacket are sewn and the lining is attached the front, side and back panels are joined at the shoulder the collar is attached the sleeves are attached the shoulder pads and sleeve heads are attached button holes are made and buttons sewn on Pants:
front leg panels are joined sew the zipper to the left front leg panel sew the front rise attach the waistband join the back leg panels, thus forming the back rise sew the side seams to join the front and back panels sew the inseam, joining the front and back panels attach the belt loops inspect, iron and pack the goods

ISSUE:

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

CLASSIFICATION:

The applicable subheading for both styles WDF-04211 and WDF-04212 will be 6203.12.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Men’s or boys’ suits: Of synthetic fibers: Other: Men’s. The rate of duty will be 27.3% ad valorem.

Styles WDF-04211 and WDF-04212 fall within textile category designation 643. 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 suits must be made in one country, territory or insular possession. Accordingly, as the garments 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 jackets, attaching the lining to the panels, joining the jacket panels on all sides and at the shoulder, attaching the collar and sleeves, and attaching the shoulder pads and sleeve heads constitute the most important assembly processes. In the case of the pants, sewing all the side seams, inseams and outer seams shut, attaching the zipper and forming the front rise, sewing the back panels together to form the back rise and attaching the waistband constitute the most important assembly processes. Accordingly, the country of origin of the suits is Vietnam.

HOLDING:

The country of origin of styles WDF-04211 and WDF-04212 is Vietnam. Based upon international textile trade agreements products of Vietnam 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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