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NY K89663





October 4, 2004

CLA2-RR:NC:TA:355 K89663

CATEGORY: CLASSIFICATION

Mr. Joseph F. Donohue, Jr.
Donohue and Donohue
26 Broadway
New York, NY 10004

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

Dear Mr. Donohue:

This is in reply to your letter dated September 23, 2004, requesting a classification and country of origin determination for men’s woven shirts and women’s woven blouses which will be imported into the United States. This request was made on behalf of Burberry Limited of London, England.

FACTS:

The subject merchandise consists of men’s 100% cotton woven shirts, and women’s 100% cotton woven blouses. The garments are sized using letter characters, i.e. “s”, “m” and “l”. You stated that the garments might vary slightly in body construction. Some may have darts; others box pleats, D-rings, breast or chest pockets, darts, or side vents. The garments may also be produced with fiber content variations.

The men’s shirt features a pointed collar, a left over right front opening with eight buttons, long sleeves with two-button cuffs, and a curved hemmed bottom. While you have also indicated that this garment may be produced with structural modifications and fiber content variations only the submitted garment in chief weight of cotton will be considered in this ruling.

The blouse features a pointed collar, a right over left front opening with seven buttons, ¾ length sleeves with a one-button cuff, and a curved hemmed bottom. While you have also indicated that this garment may be produced with structural modifications and fiber content variations only the submitted garment in chief weight of cotton will be considered in this ruling.

In your letter you stated that the production of the garments would take place in the United Kingdom and in another country. The other country, as it will vary, will be identified as “Country A”. The manufacturing operations for both garments are as follows:

The fabric is imported and inspected
The fabric is cut into component parts
The collar is made up
The cuffs are made up
The sleeves are made up
The front is made up, including the front placket The back panel is made up
The yoke is made up and sewn to the back panel The tails are hemmed (garment with side vents only) The darts are formed (blouse only)
The D-ring is attached to the back panel (blouse only) The front pocket is made up and attached (some styles only) The buttonholes are made for the cuffs, sleeves, front and collar

United Kingdom:

The front and back panels are sewn together, along the shoulder seams The collar is stitched to the shirt/blouse body The sleeves are attached to the shirt/blouse The sleeves are top-stitched or over locked stitched The side seams are closed
The cuffs are attached to the sleeves
The shirt is hemmed (garments without side vents only) The care label is attached to the front
The Burberry and country of origin labels are attached to the yoke at the mid-point The buttons are sewn on the collar, cuffs, sleeves and front The garment is trimmed, inspected and the button bag is attached The garment is pressed, folded, packed and labeled

ISSUE:

What are the classification and country of origin of the subject merchandise? Is the marking “Made in the U.K.” and placement of the label acceptable.

CLASSIFICATION:

The applicable subheading for the men’s shirts will be 6205.20.2065, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Men’s or boys’ shirts: Of cotton: Other: Other: Other: Other: Men’s. The rate of duty will be 19.7% ad valorem.

The applicable subheading for the women’s blouses will be 6206.30.3040, HTSUSA, which provides for Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other: Other: Women’s. The rate of duty will be 15.4% ad valorem.

The shirts fall within textile category designation 340. The blouses fall within textile category designation 341. 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 the 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 garment must be assembled in a single 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 to shape, 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, sewing the shoulder seams, attaching the collar, attaching the sleeves, sewing the side seams and attaching the cuffs constitute the most important assembly processes. Accordingly, the country of origin of the garments is the United Kingdom.

    The marking of the subject garment as "Made in the U.K." is consistent with the origin rules set forth in Section 102.21, Customs Regulations, and with the country of origin marking requirements in Part 134, Customs Regulations.

HOLDING:

The country of origin of the garments is the United Kingdom. Products of the United Kingdom 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 in relation to the men’s shirt, contact National Import Specialist Camille R. Ferraro at 646-733-3049. If you have any questions regarding the ruling in relation to the women’s blouse, contact Nationa Import Specialist Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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