Classification and country of origin determination for women’s woven dresses and jackets; 19 CFR 102.21(c)(4); most important assembly or manufacturing process

NY G88584 April 18, 2001 CLA2-RR:NC:62:360 G88584 CATEGORY: Classification Ms. Abbie Kwan TAK LEI SI Av. Venceslau De Morais 11, 12 Andar A&B Edif. Ind. Kin. IP Macau RE: Classification and country of origin determination for women’s woven dresses and jackets; 19 CFR 102.21(c)(4); most important assembly or manufacturing process Dear Ms Kwan: This is in reply to your letter dated March 23, 2001 requesting a classification and country of origin determination for a women’s woven jacket and dress which will be imported into the United States. FACTS: The subject merchandise consists of a women’s woven dress and matching jacket which will be imported under style numbers 42645/42646/52645/52646. The garments are constructed from 100% polyester woven fabric. The ankle length, sleeveless dress features spaghetti straps approximately ¼ inch wide, darts, a rear zipper closure, a side slit and beading on the front. The garment has a shaped front neckline and is cut straight across the rear top edge from side seam to side seam. The bolero styled jacket features long sleeves with button cuffs, a full front opening that ties at the bottom and beading. The double layered front panels extend and taper at the bottom, forming the ties that secure the garment. The manufacturing operations for the garments are as follows: ORIGIN OF COMPONENTS Korea shell fabric for jacket is formed Japan shell fabric for dress is formed II. MANUFACTURING STEPS China (Part1) Jacket fabric is cut into components sew hem sewn neckline main label sewn on back panel sew and join cut pieces for front panel sew side seam and cuff of sleeves Dress fabric is cut into components darts are sewn on front and rear panels join right and left rear panels at center main label sewn on facing at the top of the back panel interlining sewn on top edge, side slit at bottom and facing sewn two hanging loops to the facing of top edge spaghetti straps sewn on top edge of front shell facing sewn on top edge B. Macau Jacket front and back panels are joined at shoulder and side seams sleeves are joined with armhole country of origin, care and size labels are sewn under main label two hanging loops are sewn into the side seam Dress front and back panels are joined at the side seams spaghetti straps sewn to top edge of back panel zipper sewn at center back of rear panel care/size/country of origin label sewn on back panel of lining China (Part 2) Jacket bead trimming sewn on front panels buttons sewn on cuff and buttonholes made Dress facing sewn on top edge of front and back panels bead trimming sewn on top edge of front panel hem sewn Jacket and Dress hangtag attached final inspection packing ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for the jacket will be 6204.33.5010 Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ suit-type jackets of synthetic fibers. The rate of duty will be 27.8 percent ad valorem. The applicable subheading for the dress will be 6204.43.4030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ dresses of synthetic fibers. The rate of duty will be 16.3 percent ad valorem. The jacket falls within textile category designation 635; the dress falls within textile category designation 636. 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.USTREAS.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 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, for the jacket, the joining of the front and back panels of the shell at the side and shoulder seams and the joining the sleeves to the body of the jacket constitute the most important assembly processes. For the dress, the joining of the front and back panels of the shell at the side seams and the insertion of the zipper constitute the most important assembly processes. Accordingly, the country of origin of the garments is Macau. HOLDING: The country of origin of styles 42645/42646/52645/52646 is Macau. Based upon international textile trade agreements products of Macau 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 Patricia Schiazzano at 212-637-7080. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division