Classification and country of origin determination for a women’s woven jacket; 19 CFR 102.21(c)(4)

NY G80337 August 25, 2000 CLA2-RR:NC:TA:357 G80337 CATEGORY: Classification 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 women’s woven 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 women’s outerwear jacket which will be imported into the United States. Samples were submitted and are being returned as you requested. Specific countries for the different stages of production were not given; however, Israel is not among the countries that will be used. FACTS: The subject merchandise consists of style #15, a women’s outerwear jacket with a shell composed of a 70% cotton/30% nylon woven fabric and a woven nylon lining. It has a full-front opening with a zipper extending to the neck, a pointer collar, patch pockets with flaps at the waist and hemmed sleeves with a zippered gusset extending from the shoulder to the wrist. The manufacturing operations for the jacket are as follows: The raw materials are sourced as follows: Taiwan: 70%cotton/30% nylon woven fabric 100% nylon woven 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 front seams and sewing of on-seam pockets Setting of front facing and zipper to body Joining of back seams Joining of sleeve panel seams Setting of sleeve lining to shell Setting of zipper to sleeves Sewing of binding at cuff edge Sewing of collar Joining of body lining seams Setting of pocket to lining Country ‘B’: Assembly of shell Joining of front and back panels at shoulders Joining of side seams Setting of collar to body panels at neckline Setting shell sleeves to body at armholes Assembly of lining Setting of sleeve linings to body linings at armholes Setting of lining to shell Turning jacket over and closing sleeve lining seam 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 6202.92.2061, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other women’s anoraks, (including ski-jackets), windbreakers and similar articles, of cotton. The rate of duty will be 9.1 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 of the shell at the shoulders and the side seams, setting the sleeves to the body at the armholes, setting the sleeve lining to the body lining and setting the lining to the shell constitute the most important assembly processes. Accordingly, the country of origin of the jacket is Country ‘B’. As the countries of production may change, countries ‘A’ and ‘B’ are not specified; however, you indicated in your letter that Israel will not be one the countries. HOLDING: The country of origin of the jacket is Country ‘B’. Based upon international textile trade agreements products of certain 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