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NY L88830




December 12, 2005

CLA2-RR:NC:N3:360 L88830

CATEGORY: CLASSIFICATION

Steven Z. Haber
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue – 25th Floor
New York, NY 10022-4877

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

Dear Mr. Haber:

This is in reply to your letter dated November 8, 2005 on behalf of Esquel Enterprises Limited, requesting a classification and country of origin determination for women’s woven robes and nightgowns which will be imported into the United States. For each garment, the manufacturing operations occur in two countries. You have submitted samples of the partially assembled garments and samples of the finished garments as they will be imported into the United States. As requested, your samples will be returned.

FACTS:

The subject merchandise consists of a women’s woven robe and nightgown. Both garments are considered to be in chief weight of cotton as represented by the submitted garments. The “Shawl Collar Robe” extends to approximately the mid-calf and features a shawl collar, long sleeves with cuffs, contrasting colored piping on the cuffs and around the opening, a full front opening with a self fabric tie closure and one embroidered breast pocket and two pockets located below the waist. The “Kimon Robe” is a pullover nightgown that extends to approximately the mid-calf. The garment features a V-shaped front neckline, a partial front opening secured by four buttons, long sleeves, a breast pocket and a shirttail hem.

The manufacturing operations for the “Shawl Collar Robe” are as follows:

Country A

Cutting of fabric into components
Sewing pockets to lower front panels and an embroidered breast pocket to the upper left front panel Sewing cuffs with piping attached
Sewing hanger loops to back panel
Sewing half-moon patch to back panel
Sewing partial collar with front facing extension with piping attached Sewing sash

Country B

Joining front and back panels at the shoulder seams Attaching sleeve tubes
Sewing side seams

Country A

Attaching collar/front placket to robe
Attaching cuffs to each sleeve
Hemming buttonholes
Inserting sash into robe
Labeling
Trimming
Ironing/packing

The manufacturing operations for the “Kimon Robe” nightgown are as follows:

Country A

Cutting of fabric into components
Sewing pocket to left front panel
Assembly of front placket to front panel
Hemming of bottom edge of front and back panels Sewing cuff to each sleeve panel

Country B

Joining front and back panels at the shoulder seams Attaching sleeve tubes
Sewing side seams

Country A

Back decorative patch fixed
Buttoning
Bartacking
Labeling
Trimming
Ironing/packing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the robe will be 6208.91.1010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: bathrobes, dressing gowns and similar articles. The general rate of duty will be 7.5 percent ad valorem.

The applicable subheading for the nightgown will be 6208.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ nightdresses and pajama: of cotton: with two or more colors in the warp and/or the filling. The general rate of duty will be 8.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Section 102.21(e) states that the garments must be completely assembled in one country. 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":

(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, the joining of the front and back panels at the shoulders and side seams as well as the joining of the sleeves to the garment body constitute the most important assembly processes. Accordingly, the country of origin for both the robe and nightgown is Country B.

HOLDING:

The country of origin for both garments is Country B.

The robe falls within textile category designation 350 and the nightgown within category 351. 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.

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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