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NY G82284




September 28, 2000

CLA2-RR:NC:TA:357 G82284

CATEGORY: CLASSIFICATION

Ms. Carol Mossa
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: Classification and country of origin determination for rain jackets and pants; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Mossa:

This is in reply to your letter dated September 15, 2000, requesting a classification and country of origin determination for men’s rain jackets and pants which will be imported into the United States.

FACTS:

The subject merchandise consists of style #5670, a jacket, and style #5673, a pair of pants. Both garments have a shell made from woven 100% polyester fabric laminated to a visible Goretex membrane on its inner surface.

The jacket, which is hip-length, has a full front zipper opening with a storm flap, a pointed collar, a stowaway hood, elasticized cuffs with snaps, a partially elasticized waistband, and slant pockets with flaps at the waist. The jacket is lined in the body with a mesh fabric and in the sleeves with a woven fabric.

The pants have a fully elasticized waistband with a drawstring and no opening, a covered zipper extending upward from each bottom hem, side seam pockets at the waist and a back pocket on the right side. The pants have a mesh lining extending down to the knee, and from there a woven fabric lining extends to the bottom hem.

The manufacturing operations for the jacket and pants are as follows:

The coated shell fabric and the lining materials from Taiwan are shipped to Mongolia where they are cut and sewn and combined with trim materials into the finished garments. All assembly operations are performed in Mongolia.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men’s or boys’ anoraks, windbreakers and similar articles, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers. The rate of duty will be 7.3 percent ad valorem.

The applicable subheading for the pants will be 6210.40.5030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men’s or boys’ trousers, breeches and shorts, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers. The rate of duty will be 7.3 percent ad valorem.

The jacket falls within textile category designation 634, while the pants fall within category 647. 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

6210-6212 If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 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.

As the jacket and pants are wholly assembled in a single country, that is, Mongolia, as per the terms of the tariff shift requirement, country of origin is conferred in Mongolia.

HOLDING:

The country of origin of the jacket and pants is Mongolia. Based upon international textile trade agreements products of Mongolia are not subject to quota or 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 W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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