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NY K84830




April 28, 2004
CLA2-RR:NC:TA:360 K84830

CATEGORY: COUNTRY OF ORIGIN

Arthur W. Bodek
David S. Levy
Grunfeld, Desiderio, Lebowitz & Silverman LLP 399 Park Avenue
25th Floor
New York, NY 10022-4877

RE: Country of origin determination for women's woven shirt jackets; 19 CFR 102.21(c)(4)

Dear Mr. Bodek and Mr. Levy:

This is in reply to your letter dated March 26, 2004, on behalf of Liz Claiborne, Inc., requesting a classification and country of origin determination for a women's woven shirt jacket no style designation provided which will be imported into the United States. The reference number for the request is 03-10035-68(15) I. The sample and component parts submitted with your request will be returned to you under separate cover.

FACTS:

The submitted garment is a women's woven shirt jacket constructed from 100% linen fabric. The unlined garment features a pointed collar; darts; long sleeves with button cuffs; a full front zippered opening; two front pockets below the waist and front and rear yokes. The overall appearance of the garment is that of a shirt.

The manufacturing operations for the shirt jacket are as follows:

China
fabric cut into component parts left and right front yoke panels are attached to their respective front panels front panels and side gores are joined front placket attached zipper set into front placket sleeve tubes closed sleeve cuffs and sleeves joined collar formed back panels are joined with back yoke

KOREA
front and back panels are fully attached at shoulder seams front and back panels are fully attached at side seams sleeves are attached to the body collar attached to body garment is hemmed label attached pressing

ISSUE:

What is the country of origin of the subject merchandise?

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by 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

(1) If the good consists of two or more component parts, a change to an assembled good of heading 6210-6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

(2) If the good does not consist of two or more component parts, a change to heading 6210 through 6212 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, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6002, and the subheading 6307.90, and provided that the change is the result of a fabric-making process.

The subject merchandise is classified as other women's garment under heading 6211, HTS. The subject merchandise consists of two or more components. As the garments are not wholly assembled in a single country, the terms of the tariff shift are not met.

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, the most important assembly for the shirt jacket occurs when the front panels are joined to the back panel at the shoulders; the side seams are sewn; the sleeves are attached to the body; the hem is sewn and the collar is set. Accordingly, the country of origin of the shirt jacket is Korea.

HOLDING:

The country of origin of the shirt jacket is Korea. Based upon international textile trade agreements products of Korea 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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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