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

NY J89712 November 13, 2003 CLA2-RR:NC:N3:360 J89712 CATEGORY: Classification Thomas G. Travis Sandler, Travis & Rosenberg, P.A. The Waterford 5200 Blue Lagoon Drive Miami, FL 33126-2022 RE: Classification and country of origin determination for women’s woven garments; 19 CFR 102.21(c)(4) Dear Mr. Travis: This is in reply to your letter dated October 9,2003, on behalf of Tristate Holdings Ltd, requesting a classification and country of origin determination for women’s woven garments which will be imported into the United States. The samples and cut components submitted with your request will be returned under separate cover. FACTS: The subject merchandise consists of women’s woven pants, skirts and suit-type jackets made from fabric that is 60% wool and 40% polyester fibers. Style 62014 is a pair of women’s woven fully lined pants. The garment features a set-in waistband with a hook and bar closure, a side zipper closure, four belt loops, one back welt pocket with a button closure, front and back darts, and hemmed leg openings. Style 62013 is a pair of women’s woven fully lined pants. The garment features front and back darts, a front fly opening secured by a zipper, a set-in waistband with four belt loops and a button closure, front slash pockets, front and back buttoned welt pockets and hemmed leg openings. Style 62016 is a women’s woven fully lined skirt. The garment is constructed from two panels sewn together lengthwise and features front and back darts, side zipper opening, a set-in waistband with a hook and bar closer. Style 62015 is a women’s woven fully lined skirt. The garment is constructed from three panels sewn together lengthwise and features front and back darts, a center back vent opening at the hem, a center back zipper closure, a set-in waistband with a hook and bar closure. Style 62017 is a women’s woven fully lined suit-type jacket. The garment is constructed from six panels sewn together lengthwise and features long hemmed sleeves, lapels, shoulder pads, a full front opening secured by six buttons, a set-in collar, chest patch pockets and princess seams. You have requested that we provide a ruling on the basis of the designations "A" and "B", as the countries of production may change. Israel or one of the countries involved in AGOA, NAFTA, ANDEAN and CBTPA will not be one of the countries of production. The manufacturing operations for style 62014 are as follows: Country “A”: Fabric cut into component parts Interlining fused to cut parts Waistband pre-finished with hook and bar Front and back panels merrowed along the edges Darts sewn Back pocket set to right back panel with button and buttonhole Lining fabric cut into component parts Lining panels joined at side seams Shell fabric for back panels joined at side seams Zipper set to right side panels with shell and lining sewn together at zipper Belt loops pre-finished and tacked to front and back panels Two ends of waistband tacked to right hand side body panels Country “B”: Assembly of shell: a. front rise formed b. back rise formed c. in-seams joined Assembly of lining: a. front rise formed b. back rise formed c. in-seams joined Waistband set to front and back panels Leg openings hemmed Thread trimmed Ironing Attaching hangtags Packing and packaging The manufacturing operations for style 62013 are as follows - Scenario I: Country “A”: Fabric cut into component parts Interlining fused to cut parts Waistband pre-finished with buttonhole, button Front and back panels merrowed along the edges Darts finished Front zipper sewn Front rise sewn Front lining panels sewn to front shell front fly Front pockets formed and sewn to front panels Two ends of waistband tacked to front panels Back pockets set to back panels with button and buttonholes Belt loops pre-finished and tacked to front and back panels Country “B”: Assembly of shell: a. back rise joined b. side seams joined c. in-seams joined Assembly of lining: a. back rise joined b. side seams joined c. in-seams joined Lining joined to shell Waistband set to front and back panels Hems sewn Thread trimmed Ironing Attaching hangtags Packing and packaging The manufacturing operations for style 62013 are as follows - Scenario II: Country “A”: Fabric for shell and lining cut into component parts Interlining fused to cut parts Waistband pre-finished with buttonhole, button Front and back panels merrowed along the edges Darts finished Front zipper fly sewn Front lining panels sewn to front shell front fly Front pockets formed and sewn to front panels Two ends of waistband tacked to front panels Back pockets set to back panels with button and buttonholes Belt loops pre-finished and tacked to front and back panels Country “B”: Assembly of shell: a. front rise joined b. back rise joined c. side seams joined d. in-seams joined Assembly of lining: a. front rise joined b. back rise joined c. side seams joined d. in-seams joined Back lining panels set to back shell by merrowing along edges Waistband set to front and back panels Hems sewn Thread trimmed Ironing Attaching hangtags Packing and packaging The manufacturing operations for style 62016 are as follows: Country “A”: Fabric cut into component parts Interlining fused to cut parts Waistband is pre-finished with hook and bar Front and back panels merrowed along edges Front and back darts sewn Zipper set to right hand side seam with shell and lining Right hand side seam closed Two ends of waistband tacked to front panels Country “B”: Assembly of shell: Left hand side seam joined Assembly of lining: Left hand side seam joined Waistband set to front and back panels Hem is sewn Thread trimmed Ironing Attaching hangtags Packing and packaging The manufacturing operations for style 62015 are as follows: Country “A”: Fabric for shell and lining cut into component parts Interlining fused to cut parts Waistband is pre-finished with hook and bar Front and back panels merrowed along edges Darts finished Back lining panels joined Back shell panels joined Zipper set to shell and lining Vent finished Two ends of waistband tacked to front panels Country “B”: Assembly of shell: side seam joined Assembly of lining: side seam joined Waistband set to front and back panels Hem is sewn Thread trimmed Ironing Attaching hangtags Packing and packaging The manufacturing operations for style 62017 are as follows: Country ”A”: Fabric for shell cut into component parts Interlining cut into parts Pockets sewn to front Front princess seams joined Front facings sewn to body Front facings folded and ironed Fabric for lining cut into component parts Front lining princess seams joined Front linings sewn to shell panels Front and side panels joined Button and buttonholes sewn to front panels Back shell panels joined at center back Back lining panels joined at center back Back neck facing sewn to back lining Back shell and lining panels joined at hem Sleeve panel seams sewn Sleeve lining set to shell sleeve Set in collar sewn Two ends of collar tacked to front panels Country “B”: Assembly of shell: a. front and back panels joined at shoulder seams b. side seams joined c. setting collar to body panels at neckline Assembly of lining: a. front and back panels joined at shoulder seams b. side seams joined Shoulder pads set to body Sleeves are set to body at armholes Thread trimmed Ironing Attaching hangtags Packing and packaging ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for styles 62014 and 62013 will be 6204.61.9010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s trousers of wool. The rate of duty will be 13.9 percent ad valorem. The applicable subheading for styles 62016 and 62015 will be 6204.51.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s skirts of wool. The rate of duty will be 14.3 percent ad valorem. The applicable subheading for style 62017 will be 6204.31.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s suit-type jackets of wool. The rate of duty will be 4.6 cents/kg + 17.8 percent ad valorem. Styles 62014 1nd 62013 fall within textile category designation 448 ; styles 62016 and 62015 fall within 442 and style 62017 falls within 435. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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: 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. The subject garments are classified under heading 6204, HTS, and consist of two or more components. Section 102.21(e) states that the good must be wholly assembled in a single country, territory or possession. Accordingly, as the garments are not wholly assembled in a single country, 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". For the pants, the most important assembly operations are sewing the outer seams; joining the inseams; forming the front and back rises; and the attachment of the linings and waistbands. For the skirts, the most important assembly operations are the assembling of the linings to the shells; joining the side seams and the attachment of the waistbands. For the suit-type jacket, the most important assembly operations are joining of the sleeves; joining the side panels; joining the shoulder seams; setting the collar and the joining of the lining to the shell. For all the woven garments, the most important assembly operations take place in country B. Accordingly, the country of origin for all the garments is country B, the country in which these operations occur. HOLDING: The country of origin of styles 62014, 62013, 62016, 62015 and 62017 is country B. Based upon international textile trade agreements these products may be 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 Patricia Schiazzano at 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division