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NY L85788




July 22, 2005

CLA-2-RR:NC:TA:N3:356 L85788

CATEGORY: COUNTRY OF ORIGIN

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road, 2nd Floor
Valley Stream, NY 11580

RE: Classification and country of origin determination for a men’s hooded pullover; 19 CFR 102.21 (c)(4); most important assembly or manufacturing operation.

Dear Mr. Weinrauch:

This is in reply to your letter dated June 21, 2005, on behalf of Orioxi International Corp., requesting a classification and country of origin determination for a men’s hooded pullover that will be imported into the United States. You state that the assembly operations occur in two different countries, China and El Salvador. You have provided samples of the partially assembled components as they are sent from China to El Salvador for final assembly prior to importation into the United States. As requested, your samples will be returned.

FACTS:

The submitted sample, Style 8166A, is a men’s hooded, color block pullover constructed from 80% cotton, 20% polyester finely knit fabric that is napped on the inside surface. The garment has a hood with a drawstring; long, raglan sleeves with rib knit cuffs; a pouch pocket below the waist; appliques and embroidery on the center chest; and a loose fitting, rib knit waistband.

The front panel is constructed from six sections of fabric; the back panel is constructed from four sections of fabric; each sleeve is constructed from three sections of fabric; and the hood is constructed from three sections of fabric pieced together.

The manufacturing operations are as follows:

CHINA:

The fabric is knit
The hood, pocket, pocket lining, sleeve sections, waistband, cuffs, and front and back panel sections are cut to shape The hood is formed and the drawstring is attached The hood is tacked to the center front panel The six sections of the front panel are assembled The pocket is attached to the front panel The front under-sleeve sections are attached to the front panel The four sections of the back panel are assembled The back under-sleeve sections are attached to the back panel

EL SALVADOR:

The outer raglan sleeve sections are attached joining the front and back panels The hood is attached
The under-sleeve seams are sewn closed
The side seams are sewn closed
The waistband is attached to the front and back panels The cuffs are attached to the sleeves
The neck taping is attached and the neck labels are sewn The garment is inspected and packed for shipment

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Style 8166A will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: men's or boys'. The rate of duty is 16.5 percent ad valorem.

The garment falls within textile category designation 338. 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

6101-6117 If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 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 is not knit to shape and 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”:

(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.

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, the assembly processes in El Salvador consisting of the attachment of the raglan sleeves, the joining of the side seams, the attachment of the hood, the attachment of the waistband, and the attachment of the cuffs constitute the most important assembly processes.

Accordingly, under Section 102.21 (c)(4), the country of origin of the subject merchandise is El Salvador, the country in which the most important assembly processes occur.

HOLDING:

The country of origin of the subject merchandise is El Salvador. Based upon international textile trade agreements, products of El Salvador 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 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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