CLA-2-RR:NC:62:357 D81492
Mr. Frank J. Desiderio
Grunfeld, Desiderio, Lebowitz & Silverman LLP
245 Park Ave.
New York, NY 10167-3397
RE: Classification and country of origin determination for a
men's woven water resistant jacket; 19 CFR 102.21(c)(4)
Dear Mr. Desiderio:
This is in reply to your letter dated August 19, 1998, on
behalf of Hwa Fuh Manufacturing Co. (HK) Ltd., in Hong Kong,
requesting a classification and country of origin determination
for a men's woven water resistant jacket which will be imported
into the United States.
FACTS:
The subject merchandise consists of a men's woven water
resistant jacket, style 830501773/5181, with an outershell
composed primarily of a woven cotton/nylon blended fabric. The
remainder of the shell is of a woven 100% nylon fabric. Both
fabrics are treated for water resistance. The jacket, which is
hip-length, has a full-front opening secured by a zipper closure,
a roll-up hood which is concealed within the collar, elasticized
cuffs and waistband, slant pockets at the waist, an inner chest
pocket and a two-part lining which is mesh in the upper torso and
woven in the lower.
The manufacturing operations for the jacket are as follows:
Taiwan:
Shell fabric of 70% cotton/30% nylon is woven and coated with
polyurethane;
Nylon fabric comprising the front body fabric is woven;
Polyester mesh comprising the back body lining is knitted;
Korea:
Woven nylon fabric comprising balance of shell fabric is woven.
China:
Fabric is cut into component parts;
Fusing of interlining;
Embroidering;
Sewing of front panels with pockets;
Sewing of back body panels;
Sewing of sleeve panels;
Sewing of collar panels;
Sewing of front placket;
Sewing of cuffs with elastic band;
Sewing front lining panels with pockets;
Sewing of back lining panels.
Hong Kong:
1. Assembly of shell panels, including:
Front and back panels joined at shoulders;
Sleeve panels sewn to front and back panels at armholes;
Side seams of sleeve panels closed to form sleeves;
Side seams joining front and back panels closed;
Cuffs sewn to sleeves panels;
Collar sewn to front and back panels
2. Assembly of lining panels, including:
Front and back lining panels joined at shoulders;
Side seams joining front and back lining panels closed.
3. Assembly of hood panels;
4. Setting collar with hood;
5. Setting of zipper and front placket;
6. Shell and lining joined to form garment.
China:
Trimming threads, attaching snaps, ironing, attaching hangtags,
packaging and packing.
ISSUE:
What are the classification and country of origin of the
subject merchandise?
CLASSIFICATION:
The applicable subheading for the jacket will be
6201.92.1500, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for other men's or boys' water
resistant anoraks, windbreakers and similar articles of cotton.
The rate of duty will be 6.4 percent ad valorem.
This jacket falls within textile category designation 334.
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 Hong Kong, 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 most important
assembly occurs at the time of the assembly of the outer shell,
including the joining of the front and back panels at the
shoulders, the joining of the sleeve panels to the front and back
panels at the armhole, the closing of the side seams of the
sleeve panels to form the sleeves, the closing of the side seams
to join the front and back panels, the sewing of the cuffs to the
sleeve panels, the sewing of the collar to the front and back
panels, the assembly of the inner lining, the joining of the
front and back lining panels at the shoulders, the closing of the
side seams joining the front and back lining panels, and the
joining of the outer shell and the inner lining.
Accordingly, the country of origin of the jacket is Hong Kong.
HOLDING:
The country of origin of the jacket is Hong Kong. Based
upon international textile trade agreements products of Hong Kong
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