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NY J84122




June 13, 2003

CLA2-RR:NC:N3:360 J84122

CATEGORY: CLASSIFICATION

Michael S. O’Rourke
Rode & Qualey
Attorneys at Law
55 West 39th Street
New York, N.Y. 10018

RE: Classification and country of origin determination for women’s pajamas; 19 CFR 102.21(c)(2); 19 CFR 102.21(c)(4)

Dear Mr. O’Rourke:

This is in reply to your letter dated May 14t, 2003, requesting a classification and country of origin determination for women’s pajamas which will be imported into the United States. The sample submitted with your request will be returned to you under separate cover.

FACTS:

The subject merchandise consists of style RT-0046/02, a women’s woven two piece pajama set manufactured from woven fabric that is 100% polyester. The top features a V-shaped front neckline, shoulder straps measuring approximately ¼”, a lace insert in the front below the bust and a narrow tie- belt, identical to the shoulder straps, inserted into the side seams which can be tied in the back of the garment. The rear, top edge of the garment is cut straight across from side seam to side seam. The pajama bottom consists of a matching panty with an elasticized waist and leg openings.

It is Customs position that the manufacturing processes for a two piece set may result in different countries of origin. Therefore, each component will be analyzed separately.

The manufacturing operations for the top of the pajamas are as follows:

CHINA
fabric is cut into component parts the front panel is created by stitching together three fabric pieces and inserting a piece of lace edges of the front and back panels are sewn down

HONG KONG
side seams are sewn to join the front and back panels together shoulder straps are sewn to join the front and back panels identical fabric ties are sewn onto the garment

CHINA
bottom of the garment is hemmed garment is pressed and packed for shipment

The manufacturing processes for the panty of the pajamas are:

CHINA
fabric is cut into component parts

HONG KONG
front and back pieces are sewn together elastic fabric is sewn in the leg openings elastic fabric is sewn on each side so as to join the front and back panels forming a finished panty

CHINA
garment is pressed and packed for shipment

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style RT-0046/02 will be 6208.22.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s woven pajamas of man-made fibers. The rate of duty will be 16.1 percent ad valorem.

The pajamas fall within textile category designation 651. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Accordingly, as the pajama top does not meet the requirements of Section 102.21(e), because it is not wholly assembled in a single country, Section 102.21(c)(2) is inapplicable. However, as the panties consist of two or more component parts and are wholly assembled in a single country, that is, Hong Kong, as per the terms of the tariff shift requirement, country of origin of the panties is conferred in Hong Kong.

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 pajama top 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 pajama top, the joining of the side seams, attaching the shoulder straps and sewing of the tie belt constitute the most important assembly processes. Accordingly, the country of origin of the top is also Hong Kong.

HOLDING:

The country of origin of the pajama set, style RT-0046/02, is Hong Kong. Based upon international textile trade agreements products of Hong Kong 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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