CLA 2-RR:NC:TA:357 G80358
Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL33126-2022
RE: Classification and country of origin determination for a men’s outerwear jacket; 19 CFR 102.21(c)(4)
Dear Mr. Travis:
This is in reply to your letter dated August 2, 2000, on behalf of the Textile Council of Hong Kong, requesting a classification and country of origin determination for a men’s jacket which will be imported into the United States. Samples were submitted. Due to possible changes in production countries, the countries where the processing will take place are designated countries ‘A’ and ‘B’. Israel will not be among the countries involved.
FACTS:
The subject merchandise consists of style #17, a men’s unlined pullover jacket with a shell made from a 65% cotton/35% nylon woven fabric. The jacket has long sleeves, slant pockets at the waist, a heavy-duty zipper extending to the top of a stand-up collar and a hemmed bottom.
The manufacturing operations for the jacket are as follows:
Raw Materials:
Taiwan:
Sixty-five percent cotton/thirty-five percent nylon fabric
Hong Kong:
Nonwoven interlining
Zipper
Thread
Labels
Manufacturing Steps:
Country ‘A’:
Fabric is cut into component parts
Fusing of interlining to cut parts
Joining of top and bottom panel seams
Sewing of pockets and setting to body
Setting of zipper to front panel
Sewing of placket and attaching to body
Sewing of collar
Country ‘B’:
Joining of front and back panels at shoulder and top arm seams
Joining of front and back panels at side seams and underarm seams
Setting of collar to body at neckline
Sewing of labels
Thread trimming
Ironing
Attaching hangtags
Packing
Packaging
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for the jacket will be 6201.92.2051, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of cotton. The rate of duty will be 9.6 percent ad valorem.
This jacket falls within textile category designation 335. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 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.
As the subject merchandise is not wholly assembled in a single country, territory, or insular possession, 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 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 shoulder, top arm seams, side seams and underarm seams, and setting the collar to the body constitute the most important assembly processes. Accordingly, the country of origin of the jacket is Country ‘B’.
HOLDING:
The country of origin of the jacket is Country ‘B’. Based upon international textile trade agreements products of various countries are subject to quota and the requirement of a visa.
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 W. Raftery at 212-637-7076.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division