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NY F89777




August 7, 2000

CLA2-RR:NC:TA:360 F89777

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 dresses; 19 CFR 102.21(c)(4); most important assembly or manufacturing process

Dear Mr. Travis:

This is in reply to your letter dated July 13,2000, on behalf of Tristate Holdings Limited, requesting a classification and country of origin determination for women's woven dresses which will be imported into the United States. The sample of the completed garment and garment parts will be returned, as you requested.

FACTS:

The submitted sample, designated as style S/62003, is a lined women's dress made from 55% linen and 45% rayon woven fabric. The lining is made from 100% rayon woven fabric. The knee length dress features a modified U neckline at the front and rear, short sleeves, princess seams in the front and rear, beading on the front yoke, a rear zipper closure secured with hook and eye and a center vent on the back of the garment at the hem.

You have indicated that country "A" will be China, and country "B" will be Hong Kong, Taiwan or the Philippines, however, 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 will not be one of the countries of production. The fabric of the garment shell and the beading will be sourced in China; the lining fabric, interlining, and other items such as hooks and eyes, zippers will be sourced in Hong Kong.

You have described the manufacturing operations as follows:

Country "A":
fabric is cut into component parts interlining is fused to cut parts beading is attached to front yoke front yoke seam and front princess seams are sewn center back zipper is set center back vent is made back princess seams are sewn front lining seam is sewn to front shell facing back lining seams and label are sewn to back shell facing

Country "B":

Assembly of lining
joining front and back body lining at shoulder seams joining side seams joining sleeve seams sewing of hem

The woven shell panels are assembled, including:
joining front and back body at shoulder seams joining side seams joining sleeve seams setting sleeves to body at armholes sewing shoulder pads
assembly of lining to shell with hanging loops sewing hem with ribbon attaching hook and eye thread trimming ironing attaching hangtags and labels finishing bottom hem packing and packaging

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style S/62003 will be 6204.49.5060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's woven dresses of other textile materials. The rate of duty will be 7.1 percent ad valorem.

Style S/62003 falls within textile category designation 836. 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

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.

If the good does not consist of two or more component parts, a change to heading 6201 through 6208 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, and 6217, and subheading 6307.90, and provided that the change is the result of a fabricmaking process.

The subject merchandise is classified as women’s woven dresses in heading 6204, HTSUS. The subject merchandise consists of two or more components. As it is not wholly assembled in a single country, the terms of the tariff shift are not met.

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 most important assembly operations occur at the time of the joining of the front and back panels at the shoulder seams; joining of the front and back panels at the side seams; joining sleeve seams; attachment of sleeves; assembly of lining panels; and assembly of lining to shell in Country "B". Accordingly, the country of origin of the style S/62003 is Country "B".

HOLDING:

The country of origin of style S/62003 is Country "B". Based upon international textile trade agreements the garment 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 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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