CLA-2-62 RR:TA:N3:356 L86441
Mr. Mario DeVito
D & I Fashions
928 Todt Hill Road
Staten Island, NY 10304
RE: Classification and country of origin determination for a men’s woven suit, suit-type jacket, and pair of pants; 19 CFR 102.21 (c)(4); most important assembly
Dear Mr. DeVito:
This is in reply to your letter dated July 25, 2005, requesting a classification and country of origin determination for a men’s woven suit, suit-type jacket, and pair of pants that will be imported into the United States. You state that the assembly operations occur in two different countries, China and Italy. You have provided samples of the partially assembled components as they leave China, and samples of the finished garments as they will be imported into the United States. As requested, your sample will be returned.
FACTS:
The first item, Sample A, is a men’s suit constructed from 100% wool, woven fabric. The suit jacket is constructed from six panels sewn together lengthwise and has a full front opening with three button closures; a notched collar with lapels; long sleeves with four buttons at the cuffs; a full lining; an inset pocket on the left chest; two welt pockets below the waist; two inner chest pockets; an inner cell phone pocket at the waist; and a straight bottom with side vents and curved front panels. The suit pants have a pleated front; a flat waistband with six belt loops; a zippered fly front opening with a button and a metal hook closure on the waistband; two front welt pockets; two rear welt pockets with button closures; a partial front lining; and overlock stitching at the bottom of the legs.
The second item, Sample B, is a men’s suit-type jacket. This is the same garment as the suit jacket of Sample A, but is intended to be imported and sold separately.
The third item, Sample C, is a pair of men’s pants. This is the same garment as the suit pant of Sample A, but is intended to be imported and sold separately.
The manufacturing operations for the suit jacket of Sample A and the suit-type jacket, Sample B, are as follows:
CHINA:
The shell fabric and lining are cut to shape
The interfacing is fused
The center back seam is sewn
The front dart is sewn and the side panel is attached to the front panel
The outside pockets are made and the pocket lining is attached
The button holes are made
The facing is attached to the front panels
The chest piece is attached
The sleeves are made
The top collar is attached to the under collar
The lining is sewn and attached to the bottom of the back panel
The front lining is attached to the facing
The inside pockets are made
The side panel lining is attached to the front panel lining
The sleeve lining is attached to the bottom of the sleeve
The size label is attached
ITALY:
The side seams are closed joining the side panel to the back panel
The shoulder seams are sewn
The back lining is joined to the front lining
The shoulder lining is sewn joining the front to the back
The inside breast label and country of origin labels are attached
The front lining is sewn to the bottom front
The lining is tacked at the bottom
The lining is joined to the facing
The lining is basted to the facing
The lining is blind stitched to the front
The top collar is joined to the front of the garment
The top collar is joined to the back of the garment
The under collar is basted to the back and front
The under collar is blind stitched to the back and front
The sleeves are set into the armholes
The armhole is basted
The sleeve head is attached
The shoulder pads are sewn into the shoulder and armhole
The sleeve lining is sewn into the armhole
The armhole is tacked
The lapels are pick stitched
The garment is pressed
The buttons are attached
The hangtags are attached
The garments are examined, put on a hanger and put into a polybag
The manufacturing operations for the suit pants of Sample A and the pants, Sample C, are as follows:
CHINA:
The shell fabric and lining fabric are cut to shape
The interfacing is fused
The edges are marrow stitched and the knee lining is attached
The front pockets are made with pocketing and attached
The back pockets are made with pocketing and attached
The button holes are made
The left zipper tape and fly components are sewn to the left front panel
The right zipper tape and fly components are sewn to the right front panel
The waistband and belt loops are attached to the front panels only
The size label is attached
ITALY:
The side seams are closed
The inseams are closed
The waistband is joined
The belt loops are attached
The back rise is joined
The front rise is joined
The zipper slider is set in and the stopper is attached to finish the zipper
The buttons are attached
The waistband is attached to the waist and blind stitched
The waistband curtain is bar tacked to the front
The waistband curtain is bar tacked to the back
The front pockets are sewn to the side
The back pockets are sewn to the back
The front crease is set and the side seam, inseam and back seam are pressed open
The country of origin and brand labels are attached
The crotch piece is sewn in
The garment is examined, put on a hanger and put into a polybag
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for the suit, Sample A, is in 6203.11.9000, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ suits: of wool or fine animal hair: other: other: The general rate of duty is 17.5% ad valorem.
The applicable subheading for the suit-type jacket, Sample B, is in 6203.31.9020, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ suit-type jackets and blazers: of wool or fine animal hair: other: other: The general rate of duty is 17.5% ad valorem.
The applicable subheading for the pants, Sample C, is in 6203.41.1810, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ trousers: of wool or fine animal hair: trousers and breeches: men’s. The general rate of duty is 41.9 cents per kilogram plus 16.3% ad valorem.
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.
Although the garments consist of two or more component parts, they are 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”:
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
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 garments are 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 suit jacket of Sample A and the suit-type jacket, Sample B, the assembly processes in Italy consisting of sewing the side seams to join the side panels to the back panel, sewing the shoulder seams, joining the back lining to the front lining, sewing the shoulder lining joining the front and back, sewing the front lining to the bottom front, joining the lining to the facing, stitching the lining to the front, joining the top collar to the back and the front, sewing the under collar to the back and the front, attaching the sleeves, attaching the sleeve head, attaching the shoulder pads, and attaching the sleeve lining constitute the most important assembly processes.
In the case of the pants of Sample A and the pants, Sample C, the assembly processes in Italy consisting of joining the side seams, joining the inseams, joining the back rise, joining the front rise and attaching the zipper, and joining the waistband to the garment body constitute the most important assembly processes.
Accordingly, under Section 102.21 (c)(4), the country of origin of the suit, Sample A, the suit-type jacket, Sample B, and the pants, Sample C, is Italy, the country in which the most important assembly processes occur.
The marking of the suit, the suit-type jacket and the pants as “Made in Italy” is consistent with the origin rules set forth in Section 102.21, Customs Regulations, and with the country of origin marking requirements in Part 134, Customs Regulations.
HOLDING:
The country of origin of the suit, Sample A, the suit-type jacket, Sample B, and the pants, Sample C, is Italy.
The suit, Sample A, falls within textile category designation 443. The suit-type jacket, Sample B, falls within textile category designation 433. The pants, Sample C, fall within textile category designation 447. 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.
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 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 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,
National Commodity
Specialist Division