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NY N003647





December 7, 2006

CLA2-RR:NC:TA:357

CATEGORY: CLASSIFICATION

Lo, Wang & Tsui
Suites 1706-1708
China Merchants Tower
Shun Tak Centre
168-200 Connaught Road Central
Hong Kong

RE: Classification and country of origin determination for wetsuits; 19 CFR 102.21(c)(4)

Dear Sir or Madam:

This is in reply to your letter dated November 2, 2006, on behalf of Wang Hoi Garment Factory in Macau, requesting a classification and country of origin determination for full body wetsuits which will be imported into the United States.

FACTS:

The subject merchandise consists of a full body wetsuit in men’s or women’s versions. It is made from a lamination consisting of an inner and outer layer of flat knit nylon fabric with an expanded rubber middle layer. The suit has long sleeves, legs extending to the ankles, a rear zipper and zippers extending up from the ankles to the calves.

The manufacturing operations for the wetsuits are as follows:

Cutting of fabric
Making up of front panel by sewing together several cut pieces Sewing front rise to front panel
Making up of upper back panel by sewing together several cut pieces Sewing back rise to upper back panel
Making up of back panels of legs
Attaching zipper to upper back panel
Attaching zipper to leg of front panel
Making up of side panels
Making up of collar
Making up of sleeve panels by sewing together several cut pieces Printing

Sewing of side panels to front panel
Joining of leg back panels to upper back panel Joining of front and back panels at shoulder seam Attaching sleeve panels
Joining of front and back panels by sewing back and side panels Joining of front and back panels at inseam Attaching collar

Hemming of leg bottom
Hemming of sleeve ends
Trimming
Washing
Ironing
Packing

ISSUE:

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

CLASSIFICATION:

The classification you suggested for this merchandise, 6113.00.10, applies only to garments having an outer surface completely obscured by rubber or plastics. Inasmuch as the outer surface of this merchandise is textile fabric, this subheading would not apply.

The applicable subheading for the men’s wetsuit will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other men’s or boys’ overalls and coveralls. The general rate of duty will be 7.1 percent ad valorem.

The applicable subheading for the women’s wetsuit will be 6113.00.9070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other women’s or girls’ overalls and coveralls. The general rate of duty will be 7.1 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

6101-6117 If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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.

Section 102.21(e) states that the good must be completely assembled in a single country, territory or insular possession. Accordingly, as the subject merchandise does not meet this requirement, 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 sewing of the side panels to the front panel, joining the leg panels to the back panel, joining the front and back panels at the shoulder seam, attaching the sleeve panels, joining the front and back panels by sewing the back and side panels and joining the front and back panels at the inseam constitute the most important assembly processes. Accordingly, the country of origin of the wetsuits is country “A”.

HOLDING:

The country of origin of the wetsuits is country “A”.

These wetsuits fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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