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NY M82240




May 18, 2006

CLA-2-RR:NC:WA:361 M82240

CATEGORY: COUNTRY OF ORIGIN

Mr. Stephen S. Spraitzar
Law Office of George R. Tuttle
A Professional Corporation
Three Embarcadero Center, Suite 1160
San Francisco, CA 94111

RE: Country of origin determination for woven shorts; 19 C.F.R. §102.21(c)(4).

Dear Mr. Spraitzar:

This is in reply to your letter dated April 13, 2006, submitted on behalf of Asics America Corporation. Your request concerns a country of origin determination for women’s and men’s woven shorts. As you requested, the submitted garments will be returned to you under separate cover.

FACTS:

Style WS665 is a pair of women’s running shorts. The shorts are constructed from a shell fabric of 100 percent polyester woven fabric with a lining of 90 percent nylon, ten-percent spandex knit fabric. The pull-on shorts have an elasticized waistband with a drawstring, an inner key pocket, two side seam pockets, a shorts styled lining, and a hemmed bottom with side slits.

Style MS0612 is a pair of men’s running shorts. The shorts are constructed from the same fabrics as the women’s garment. The pull-on shorts have an elasticized waistband with a drawstring, an inner key pocket, a zippered side seam pocket, a brief-styled lining, and a hemmed bottom with side slits.

The manufacturing operations for the shorts will be as follows:

Style WS665 – Women’s running shorts

China
Liner of shorts is constructed from two knit to shape panels that are sewn together. The upper edge is unfinished.

Vietnam
Shell fabric is cut into components
Tricot mesh fabric is cut into pocket components, and pockets are formed Knit fabric is cut into key pocket components and key pocket is formed Waistband elastic is cut and sewn into the waistband Draw cord is cut to length and inserted into waistband Shell components, lining, pockets and waistband are assembled into completed shorts

Style MS0612 – Men’s running shorts

China
Liner of shorts is constructed from two knit to shape panels that are sewn together. The leg openings are finished with narrow elastic and hemmed. The upper edge is unfinished.

Vietnam
Shell fabric is cut into components
Tricot mesh fabric is cut into pocket components, and zippered pocket is formed Knit fabric is cut into key pocket components and key pocket is formed Waistband elastic is cut and sewn into the waistband Draw cord is cut to length and inserted into waistband Shell components, lining, pockets, zipper and waistband are assembled into completed shorts

ISSUE:

What is the country of origin of the subject merchandise?

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.

If the good does not consist of two or more component parts, a change to heading 6201 through 6208 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.6101–6117

The subject garments will be classified within the above noted range, in heading 6203 for the men’s shorts and 6204 for the women’s shorts. The garments consist of two or more components. As the garments are not wholly assembled in a single country, the terms of the tariff shift are not met.

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".

For both garments, the most important assembly operations occur where the shell fabric, pockets, waistband, lining, and zipper (men’s only) are assembled. Accordingly, the country of origin is Vietnam, the country in which these operations occur.

HOLDING:

The country of origin of both styles of shorts is Vietnam. 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 C.F.R. §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 C.F.R. §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 C.F.R. §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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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