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NY K88527




September 1, 2004

CLA2-RR:NC:N3:360 K88527

CATEGORY: CLASSIFICATION

Joy Yin
Joy & Louis Corporation
1320 E.18th Street
Los Angeles, CA 90021

RE: Classification and country of origin determination for women’s woven suits and jackets and pants; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Yin:

This is in reply to your letter dated August 10, 2004, requesting a classification and country of origin determination for women’s woven suits and jackets and pants which will be imported into the United States.

FACTS:

The subject merchandise consists of five styles of women’s garments consisting of tailored suit-type jackets and pants manufactured from identical 62% polyester, 34% rayon and 4% spandex woven fabric. Each of the jackets extends to approximately the mid-thigh with the exception of the jacket of style 1622 which extends to slightly above the knees. All of the jackets consist of more than four panels sewn together lengthwise and are lined; the pants are unlined. The jacket of style 1714 features long sleeves without cuffs, a full front opening secured by one hook and eye at breast level; a notched stand-up collar and darts. The pants extend to the ankles and feature a fly front with a zipper and a metal hook and eye closure on the waistband and simulated pockets. The jacket of style 1622 features long sleeves without cuffs, a full front opening secured by a self-fabric belt and a one button closure at the waist, belt loops, a lapel and darts. The pants extend to the ankles and feature a fly front with a zipper and a metal hook and eye closure on the waistband. The jacket of style 1590 features long sleeves without cuffs, a full front opening secured by one button; a lapel, darts and flaps that simulate pockets. The pants extend to the ankles and feature a fly front with a zipper and a metal hook and eye closure on the waistband. The jacket of style 1734 features long sleeves without cuffs, a full front opening secured by six buttons; a collar, flaps at the chest that simulate pockets, front and rear yokes and a banded bottom. The pants extend to the ankles and feature a fly front with a zipper and a metal hook and eye closure on the waistband. The jacket of style 1732 features long sleeves without cuffs, a full front opening secured by five buttons; a lapel, darts and side seam pockets. The pants extend to the ankles and feature a fly front with a zipper and a metal hook and eye closure on the waistband.

The garments of styles 1714, 1590, 1734 and 1732 meet the requirements for classification as suits as specified in note 3(a) of Chapter 62. The jacket of style 1622 extends below mid-thigh length and is excluded from consideration as a suit jacket of heading of 6204, HTS. The jacket and pants of style 1622 are therefore excluded from classification as a suit, and are separately classifiable under their own headings.

The manufacturing operations for the jackets and pants are identical and are as follows:

Kyrgyzstan

Fabric is purchased
Fabric is cut into component parts
Component parts are sewn together
Labels are sewn
Semi-finished product inspection

China

Hooks and eyes are set
Blind stitching
Pressing
Final inspection
Packing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the garments of styles 1714, 1590, 1734 and 1732 will be 6204.13.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s suits: of synthetic fibers: other, women’s. The rate of duty will be 35.3 cents/kg + 25.9 percent ad valorem.

The applicable subheading for the jacket of style 1622 will be 6211.43.0078, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other garments, women’s: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the pants of style 1622 will be 6204.63.3510, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s trousers: of synthetic fibers: other, women’s. The rate of duty will be 28.6 percent ad valorem.

The suits fall within textile category designation 644, the jacket within category 635 and the pants within category 648. 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 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.

6210-6212 (1) If the good consists of two or more components, 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(b)(6) defines "wholly assembled" as: The term "wholly assembled" when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as "wholly assembled" in a single country, territory, or insular possession.

As the garments consist of two or more components and are assembled in a single country, that is, Kyrgyzstan, as per the terms of the tariff shift requirement, country of origin is conferred in Kyrgyzstan.

HOLDING:

The country of origin of the suits, jacket and pants is Kyrgyzstan. Based upon international textile trade agreements products of Kyrgyzstan 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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