United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY D80764 - NY D80860 > NY D80793

Previous Ruling Next Ruling
NY D80793




August 28, 1998

CLA-2-RR:NC:TA:360 D80793

CATEGORY: CLASSIFICATION

Rick Hyde
Territorial Manager - Eastern Hemisphere
J. C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, TX 75301-0001

RE: Classification and country of origin determination for women's woven flannel nightgowns and pajamas; 19 CFR

Dear Mr. Hyde:

This is in reply to your letter dated July 29, 1998, requesting a classification and country of origin determination for women's woven pajamas and night gowns 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:

Two styles of women's 100 percent cotton flannel woven sleepwear were submitted with your request. The nightgown, designated as Sub 112 Lot number 2225, features long sleeves, a V-shaped neckline, a left breast pocket and a partial front opening. The pajamas, designated as Sub 112 Lot 2226, consists of a top and a pair of pants. The top features long sleeves, a full front opening secured by four buttons, a collar, pockets below the waist and a shirttail bottom. The pants extend to the ankles and feature a waistband.

The manufacturing operations for the nightgown are as follows:

CHINA
fabric is formed components are cut left breast pocket is set to the left panel

CAMBODIA
shoulder seams are joined sleeves are joined to the body buttons are sewn onto the front panel button holes are made front yoke is joined to the back panel back yoke is joined to the back panel bottom is hemmed placket, neck and sleeve cuffs are bound

The manufacturing operations for the pajamas are as follows:

CHINA

PAJAMA TOP -
fabric is formed components are cut pockets are attached to the front panels buttonholes are made buttons are sewn onto the front panel

PAJAMA BOTTOMS-
fabric is formed components are cut

CAMBODIA

PAJAMA TOP -
collar is set to the body cuffs are joined to the sleeve shoulder seams are joined sleeves are joined to the body side seams are joined bottom is hemmed

PAJAMA BOTTOM -
front and back rise are sewn waistband is attached to the front and back panels legs are assembled together with an in-seam legs are hemmed

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.

Both styles fall 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 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 garments do not meet the requirements of Section 102.21(e), because they 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".

In the case of the subject merchandise, the assembly operations in Cambodia constitute the most important assembly processes. In Cambodia, the front and back panels of the garments 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 sleepwear is Cambodia.

HOLDING:

The country of origin of the nightgown and pajamas is Cambodia. Based upon international textile trade agreements products of Cambodia 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,

Previous Ruling Next Ruling

See also: