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NY H83417





July 12, 2001

CLA2-RR:NC:TA:N3:358:H83417

CATEGORY: CLASSIFICATION

TARIFF NO: 6203.42.4060, 6204.62.4055, 6204.62.4065

Ms. Jill Simmons
International Trade Consultants, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: Classification and country of origin determination for boys’, women’s and girls’ shorts; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Simmons:

This letter replaces ruling file number NY H82481 that was sent to you on June 20, 2001, on behalf of your client, Sabtex N.Y. Ltd. The purpose of this replacement letter is to correct the sizing and identification of one pairs of shorts which were submitted for classification and country of origin determination. The shorts, originally identified as men’s, are in fact, boys’ . There are no other changes to the predecessor ruling . The boys’, women’s and girls’ shorts will be imported into the United States.

FACTS:

The subject merchandise consists of pull-on style shorts with elasticized waistbands. The shorts are made of woven cotton fabric and feature all-over print designs. The articles do not have style numbers.

The manufacturing operations for the shorts are as follows:

The fabric is woven and printed in India. The fabric is sent to Nepal where it is cut, sewn and assembled into shorts.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the boys’ woven cotton shorts will be 6203.42.4060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, men’s or boys’ shorts, of cotton, men’s. The rate of duty will be 16.9 percent ad valorem.

The applicable subheading for the girls’ woven cotton shorts will be 6204.62.4065, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, women’s or girls’ shorts, of cotton, girls’, other. The rate of duty will be 16.9 percent ad valorem.

The applicable subheading for the women’s woven cotton shorts will be 6204.62.4055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, women’s or girls’ shorts, of cotton, women’s. The rate of duty will be 16.9 percent ad valorem.

Boys’ cotton shorts fall within textile category designation 347. Women’s and girls’ cotton shorts fall within textile category designation 348. 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 (1) 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.

As the woven shorts consist of two or more component parts and the components were combined to form the finished good in a single country, that is, Nepal, as per the terms of the tariff shift requirement, country of origin is conferred in Nepal.

HOLDING:

The country of origin of the boys’, women’s and girls’ shorts is Nepal. Based upon international textile trade agreements products of Nepal 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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director,

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