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NY F86604




May 9, 2000

CLA2-RR:NC:TA:360 F86604

CATEGORY: CLASSIFICATION

Karl F. Krueger
AEI Customs Brokerage Services
292200 Northwestern Hwy.
Southfield, MI 48034-1068

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

Dear Mr. Krueger:

This is in reply to your letter dated March 20,2000, received in this office on April 28, 2000, requesting a classification and country of origin determination for women's woven pareos which will be imported into the United States. As you requested, the sample submitted with your request will be returned to you under separate cover.

FACTS:

The subject merchandise consists of a woven pareo. The submitted item is made from 100 percent polyester woven printed fabric. The garment is essentially a rectangular piece of fabric elongated at the top in order to tie the garment around the waist of the wearer. It is approximately 49 inches by 22 inches, exclusive of the ties. The pareo ties at the waist and does not fully cover the lower torso of the wearer due to the manner in which it wraps at the waist. The wrap garment is designed as a swimwear cover-up

The manufacturing operations for the pareo are as follows. Polyester fabric (heading 5407.52, HTS) is woven in Indonesia and sent in rolls to Canada where it is cut to pattern (including the ties), the edges are finished and serged. It is then labeled, folded and packaged for export.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pareo will be 6211.43.0091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other women's garments of man-made fibers. The rate of duty will be 16.4 percent ad valorem.

The pareo falls within textile category designation 659. 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

(1) If the good consists of two or more component parts, a change to an assembled good of heading 6210-6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

(2) If the good does not consist of two or more component parts, a change to heading 6210 through 6212 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6002, and the subheading 6307.90, and provided that the change is the result of a fabric-making process.

The subject merchandise is classified as an other women's garment under heading 6211, HTS. As the garment consists of one component part, a rectangular piece of fabric, the first tariff shift rule is inapplicable. The second tariff shift rule is also inapplicable since the change to heading 6211 results from a change from heading 5407 which is specifically excluded from the tariff shift provision. 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 pareo, the most important assembly process occurs at the time of the fabric making. Accordingly, the country of origin of the pareo is Indonesia.

HOLDING:

The country of origin of the pareo is Indonesia. Based upon international textile trade agreements products of Indonesia 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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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