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NY I88439




November 15, 2002

CLA2-RR:NC:WA:355 I88439

CATEGORY: CLASSIFICATION

Ms. Stacy Weinberg Diève
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd flr
New York, NY 10167-3397

RE: Classification and country of origin determination for men’s woven shorts; 19 CFR 102.21(c)(4)

Dear Ms. Weinberg Diève :

This is in reply to your letter dated November 7, 2002, requesting a classification and country of origin determination for men’s woven shorts which will be imported into the United States. This request was made on behalf of Falcon Jordanian International Garments Industries, Inc.

FACTS:

The subject merchandise consists of men’s cargo shorts made of 100 percent cotton woven fabric. The garment is identified as style W-SC8288. The shorts feature an elasticized waistband, a zippered fly and a button closure at the waist. The garment also features two back welt pockets with button closures, two front cargo pockets and a flapped, buttoned, patch pocket superimposed on the right front cargo pocket.

The manufacturing operations for style W-SC8288 are as follows:

CHINA:

The fabric is formed
The fabric is cut into various component parts The two back panels are sewn together and the front panels are sewn to the back panels, (the outer seams are joined); the two front panels are not joined The left fly and zipper are sewn and assembled to the left front panel The waistband is formed and the elastic is inserted The front and back pockets are sewn and attached to the front and back panels

JORDAN:

The front rise is sewn
The two front panels are joined at the front rise The inside seams are stitched
The bartacking and trimming are done
The buttons are attached and the buttonholes are sewn The garment is washed, finished and packed

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style W-SC8288 will be 6203.42.4050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, shorts, men’s. The general rate of duty will be 16.8 percent ad valorem.

General Note 18 HTSUSA sets forth the requirement for preferential tariff treatment pursuant to the United States Jordan Free Trade Area Implementation Act. If your product is wholly the growth, product or manufacture of Jordan, as defined in General Note 18 (c), or is a new and different article of commerce that meets the additional requirements of General Note 18 (c), HTSUSA, and all other legal requirements are met, the duty rate will be 10.2 percent ad valorem.

Style W-SC8288 falls within textile category designation 347. 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.

Section 102.21(e) states that the good must by wholly assembled in a single country, territory or insular possession. Accordingly, as style W-SC8288 does not meet this requirement, 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, sewing the front rise, joining the two front panels at the front rise, and sewing the inside seams constitute the most important assembly processes. Accordingly, the country of origin of the shorts is Jordan.

HOLDING:

The country of origin of style W-SC8288 is Jordan. Based upon international textile trade agreements products of Jordan are not subject to quota and do not require 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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