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NY L82303




February 3, 2005

CLA2-RR:NC:TA:N3:358: L82303

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4030

Ms. Alexis Smith
International Development Systems Inc.
2100 L Street NW, Suite 210
Washington, DC 20037

RE: Country of origin determination for girl’s pants; 19 CFR 102.21(c)(4); tariff shift

Dear Ms. Smith:

This is in reply to your letter dated January 31, 2005, requesting a country of origin determination for a pair of girl’s pants which will be imported into the United States.

FACTS:

The cotton corduroy pants have a zipper fly, a flat waistband, two front patch pockets and two rear patch pockets. The pockets have flap closures. For ruling purposes it is assumed the pants are sized for girls 7 to 16. The item does not have a style number.

The article will be made in unnamed countries A and B. A sample of the pants in its “processed” condition in Country A has been included with the request. The manufacturing operations, according to you, are as follows:

Country A

Country A is the origin of the fabric for the product and the country where the side seams are sewn.

Country B

In Country B , the inseam is sewn, the waistband is attached, trimmings and labels are attached and the product is finished.

ISSUE:

What is the country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the girl’s cotton corduroy pants will be 6204.62.4030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for girls’ cotton trousers and breeches, corduroy, other. The rate of duty will be 16.6 % ad valorem.

Girl’s cotton pants fall within textile category designation 348. 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.cbp.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:

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

6201-6208 (1) 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 country of origin for the girl’s pants is the country where the unassembled components are wholly assembled. Accordingly, as the garment is not assembled in a single country, 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, territory or insular possession, 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 this case, the assembly of the garment, under the proposed production plan, occurs in Country A and Country B.

It is the opinion of this office, that the assembly in Country B, where the waistband, rise and inseam are sewn, constitute the most important assembly processes. Accordingly, the country of origin of the girl’s pants is Country B.

HOLDING:

The country of origin of the girl’s pants, no style number, is Country B.

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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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