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NY C84796




March 25, 1998

CLA-2-RR:NC:TA:360 C84796

CATEGORY: CLASSIFICATION

Robert T. Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway - 43rd Fl
New York, NY 10036-8901

RE: Classification and country of origin determination for women's woven pajamas; 19 CFR 102.21(c)(4)

Dear Mr. Stack:

This is in reply to your letter dated February 24, 1998, on behalf of Bentley Lingerie, Inc., requesting a classification and country of origin determination for women's woven pajamas which will be imported into the United States. As you requested, the samples submitted with your request will be returned to you under separate cover.

FACTS:

The subject merchandise, style F9007, is a pair of women's pajamas constructed from 100% cotton flannel plaid fabric. The long sleeve pajama top features a full front opening with a buttoned placket, a collar, two patch pockets below the waist and an inner patch in the nape of the neck. There is solid colored piping on the pockets, front opening, collar and sleeves. The top will either be embroidered or screen printed with the trademark "Esleep" on the front left panel. The bottoms match the fabric of the top and will feature a covered elasticized drawstring waistband and long legs with hemmed ankles.

The manufacturing operations for the pajamas are as follows:

CHINA

PAJAMA TOP -

1. front and back panels, pockets, sleeves, sleeve ends, placket pieces (including interlining), collar and neck patch are cut; 2. embroidery (or screen printing) of the "ESLEEP" trademark; 3. plackets (including stiffener and piping) are attached to the front panels; 4. pockets with piping are assembled and attached to the front panels; 5. buttons are added and buttonholes are made; 6. patch in the nape of the neck is attached to the back panel and labels are added; 7. collar including piping is assembled;
8. front and back panel edges are finished with overlock stitching; and
9. sleeve cuffs with piping are attached to sleeve ends.

PAJAMA BOTTOM -

1. four leg components, waistband (including elastic and drawstring), and hanger loops are cut; 2. waistband is created, including sewing and insertion of the drawstring; 3. bottoms are finished with an overlock stitch.

CAMBODIA, HONDURAS or EL SALVADOR

PAJAMA TOP -

1. front and back panels are attached by sewing the shoulder seams; 2. sleeves are attached to the body at the shoulders; 3. front and back panels are joined at side seams; 4. body panels are hemmed;
5. collar is set and attached.

PAJAMA BOTTOM -

1. four leg panels are assembled;
2. leg openings are hemmed;
3. waistband is attached;
4. attach hanger loops and labels; finish waistband with overlock stitch.

After completion, the pajamas are pressed, packed, inspected and exported to the United States.

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the pajamas will be 6208.21.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's woven cotton nightdresses and pajamas with two or more colors in the warp and/or the filling. The rate of duty will be 9.3 percent ad valorem.

Style F9007 falls within textile category designation 351. 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 1) If the good consists of two or more component parts, a change to an assembled good of 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 garment does not meet the requirements of Section 102.21(e), because it is 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".

In the case of the subject merchandise, the assembly operations in Cambodia, Honduras or El Salvador constitute the most important assembly processes. In Cambodia, Honduras or El Salvador, the front and back panels of the pajama top are attached at the shoulder seams; the sleeves are formed and attached to the body and the front and back panels are joined at the side seams. The four leg panels of the pajama bottoms are sewn and the waistband and cuffs are attached. Accordingly, the country of origin of the pajamas is either Cambodia, Honduras or El Salvador, as appropriate.

HOLDING:

The country of origin of the pajamas is Cambodia, Honduras or El Salvador. Based upon international textile trade agreements products of Cambodia, Honduras or El Salvador currently are not 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 212-466-5866.

Sincerely,

Robert B. Swierupski
Director,

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