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NY L81955




February 7, 2005

CLA-2-62:RR:NC:TA:N3:356 L81955

CATEGORY: CLASSIFICATION

Ms. Rhoda A. Salus
Sandler, Travis & Rosenberg, P. A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: Classification and country of origin determination for men’s woven pants; 19 CFR 102.21(c)(4); most important assembly.

Dear Ms. Salus:

This is in reply to your letter dated January 18, 2005, on behalf of Nanjing Textiles / Empire Atlantic Division, concerning a classification and country of origin determination for men’s woven pants that will be imported into the United States.

FACTS:

The submitted sample is a pair of men’s pants constructed from 100% cotton, blue denim fabric. The garment has a flat waistband with five belt loops, a fly front opening with a zipper closure, a metal button on the waistband, two front pockets, a front coin pocket, two rear patch pockets, a rear yoke, and hemmed legs.

The manufacturing operations will occur in China (Country “A”) and the Dominican Republic (Country “B”). You state that your client proposes to partially assemble and wash the garments in China before shipment to the Dominican Republic for final assembly into finished garments. However, in order to maintain proper alignment of the fabric during the washing process, it is necessary to temporarily join the inseams and front rise prior to washing. You propose to use either a plastic staple (Scenario 1) or a temporary chain stitch (Scenario 2) as a temporary joining method. The plastic staple or chain stitch will be removed prior to shipment to the Dominican Republic. You have provided a sample of the partially assembled garment showing the temporary joining for each scenario, as well as a sample of the washed and partially assembled garment as it leaves China, and a sample of the finished garment as it will be imported from the Dominican Republic into the United States. Your samples will be returned, as requested.

The manufacturing operations are as follows:

SCENARIO 1:

- The fabric is cut into component parts
- The left and right halves of the back yoke are sewn together - The left and right rear panels are sewn together forming the lower back rise - The back yoke is sewn to the back panels completing the back rise - The patch pockets are sewn onto the back panels - The left fly and zipper are attached to the left front panel - The front and back panels are overlock stitched on the bottom and inseams - The coin pocket and right front pocket facing and lining are formed and attached - The left front pocket facing and lining are formed and attached - The waistband and belt loops are attached to the main body - The side seams are sewn
- The inseams and front rise are stapled together with plastic tacks - The garments are washed to achieve softer hand and color - The plastic staples are removed from the inseams and front rise - The partially assembled garments are packed for shipment to the Dominican Republic

DOMINICAN REPUBLIC (Country “B”):

- The zipper is attached to the waistband and the right front panel - The front rise is sewn joining the front panels - The waistband ends are turned in and sewn closed - The inseams are joined
- The legs are hemmed
- The buttonholes are made
- The bar tacks and metal rivets are applied - The button is attached to the waistband - The garment is finished, pressed and packed for export directly to the United States

SCENARIO 2:

- The fabric is cut into component parts
- The left and right halves of the back yoke are sewn together - The left and right rear panels are sewn together forming the lower back rise - The back yoke is sewn to the back panels completing the back rise - The patch pockets are sewn onto the back panels - The left fly and zipper are attached to the left front panel - The front and back panels are overlock stitched on the bottom and inseams - The coin pocket and right front pocket facing and lining are formed and attached - The left front pocket facing and lining are formed and attached - The waistband and belt loops are attached to the main body - The side seams are sewn
- The inseams and front rise are temporarily chain stitched together - The garments are washed to achieve softer hand and color - The temporary chain stitching is removed from the inseams and front rise - The partially assembled garments are packed for shipment to the Dominican Republic

DOMINICAN REPUBLIC (Country “B”):

- The zipper is attached to the waistband and the right front panel - The front rise is sewn joining the front panels - The waistband ends are turned in and sewn closed - The inseams are joined
- The legs are hemmed
- The buttonholes are made
- The bar tacks and metal rivets are applied - The button is attached to the waistband - The garment is finished, pressed and packed for export directly to the United States

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pants is in 6203.42.4010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ trousers . . ., of cotton: other: other: trousers and breeches: men's: blue denim. The general rate of duty is 16.6% ad valorem.

The garment falls within textile category designation 347. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cpb.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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.

Although the garment consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, 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”:

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

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.

Since the garment 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, in Scenario 1 and Scenario 2, the assembly processes in the Dominican Republic which consist of attaching the zipper, sewing the front rise to join the front panels, and sewing the inseams constitute the most important assembly processes.

Accordingly, under Section 102.21 (c)(4), the country of origin of the submitted garment in both Scenario 1 and Scenario 2 is the Dominican Republic, the country in which the most important assembly processes occur.

HOLDING:

The country of origin of the submitted garment in Scenario 1 and Scenario 2 is the Dominican Republic. Based upon international textile trade agreements, products of the Dominican Republic are not presently subject to visa requirements or quota restraints.

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 sections 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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