CLA-2-RR:NC:WA:357 C85697
Ms. Louisa Lam
Tak Lei Si
Av. Venceslau De Morais 11,
13 Andar B Edif. Ind. Kin Ip
Macau
RE: Classification and country of origin determination for a
men's padded, sleeveless jacket; 19 CFR 102.21(c)(4)
Dear Ms. Lam:
This is in reply to your letter dated March 14, 1998,
requesting a classification and country of origin determination
for a men's padded, sleeveless jacket which will be imported into
the United States.
FACTS:
The subject merchandise consists of a sleeveless garment
with a shell and lining of woven polyester and nylon fabric
respectively, and a nonwoven insulation.
The manufacturing operations for the padded, sleeveless
jacket are as follows:
JAPAN
-polyester woven fabric is formed
KOREA
-nylon woven fabric is formed
CHINA
-polyester polyfil is formed
HONG KONG
-polyester lycra is formed
CHINA (PART 1)
-Shell, lining and polyfil are cut into component pieces
1. Quilted the shell fabric and polyfil on back panel
2. (A) Quilted the shell fabric and polyfil on front panel
(B) Embroider front panel
(C) Pockets with zippers sewn
3. (A)Collar is sewn
(B)Label sewn on collar
4. Front placket sewn
5. Main label, size label and hanger loop sewn on back panel
lining
6. Pocket with zipper sewn on facing of front panel lining
7. Facing is sewn on lining of front panel
MACAU (PART 1)
8. Front and back panels joined at shoulder seam for shell and
polyfil
9. Side seam sewn for shell and polyfil
10. Collar sewn on shell and polyfil
11. Country of origin label sewn at neckline
12. Care label and fabric label sewn on side seam
CHINA (PART 2)
13. Front and back panels joined with lining at shoulder seam
14. Side seam joined with lining
15. Shell, polyfil, collar and lining joined
16. Zipper sewn on center front
17. Rib of lycra is sewn on bottom and around armholes
18. Ironing
MACAU (PART 2)
19. Final Inspection
20. Packing
ISSUE:
What are the classification and country of origin of the
subject merchandise?
CLASSIFICATION:
The applicable subheading for the padded, sleeveless jacket
will be 6201.93.2020, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for other men's or
boys' anoraks, windbreakers and similar articles (including
padded, sleeveless jackets) of man-made fibers. The rate of duty
will be 16.2 percent ad valorem.
This garment falls within textile category designation 659.
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. Part categories are the
result of international bilateral agreements which are subject to
frequent renegotiations and changes. To obtain the most current
information available, we suggest that you check, close to the
time of shipment, the Status Report on Current Import Quotas
(Restraint Levels), an internal issuance of the U.S. Customs
Service, which is available for inspection at your local Customs
office.
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
Accordingly, as the subject merchandise undergoes assembly
operations in both China and Macau, it does not qualify as
"wholly assembled" in a single country. As such, 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, 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 multiple
operations performed in China constitute the most important
assembly processes. Accordingly, the country of origin of the
padded, sleeveless jacket is China.
HOLDING:
The country of origin of the padded, sleeveless jacket is
China. Based upon international textile trade agreements
products of China 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 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 W.
Raftery at 212-466-5851.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division