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NY J84998




May 28, 2003

CLA2-RR:NC:TA:N3:358: J84998

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6020, 6106.10.0030, 6104.62.2060

Mr. Frank Prackler
Edward J. Tawil
Tawil Associates
100 West 33rd Street, Suite 813
New York, NY 10001

RE: Country of origin determination for girl’s knit shirt and shorts; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Prackler and Mr. Tawil:

This is in reply to your letter dated May 15, 2003, requesting a classification and country of origin determination for a girl’s knit blouse and shorts, infants Style EJ003N and toddler Style EJ003T, which will be imported into the United States.

FACTS:

The subject merchandise consists of a swing style shirt with a rear snap placket and ruffle short sleeves and coordinated pull-on shorts with an elasticized waistband and ruffle fabric at the leg openings. The shirt and shorts are made of cotton interlock fabric.

The manufacturing operations for Style EJ003N and Style EJ003T, are as follows:

1. The fabric is produced in China
2. The cutting is done in China
3. The embroidery on cut parts is done in China 4. The assembly of the garment is done in Uzbekistan 5. The garment will be shipped from China

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the girl’s shirt and shorts, Style EJ003N, will be 6111. 20.6020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, sets. The rate of duty will be 8.2 % ad valorem.

The applicable subheading for the girl’s shirt, Style EJ003T, will be 6106.10.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ blouses, knitted or crocheted, of cotton, girls’, other. The rate of duty will be 19.8 % ad valorem.

The applicable subheading for the girl’s shorts, Style EJ003T, will be 6104. 62.2060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for girls’ shorts, knitted or crocheted, of cotton, girls’, other. The rate of duty will be 15.1 % ad valorem.

Babies’ sets fall within textile category designation 239. Girls’ cotton knit shirts fall within textile category designation 339. Girls’ cotton knit 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

6101-6117 (1) If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 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 girl’s shirt and shorts, Style EJ003N and Style EJ003T, each consist of two or more component parts which preexisted in essentially the same condition as found in the finished good and the components were combined to form the finished good in a single country, that is, Uzbekistan, as per terms of the tariff shift requirement, country of origin is conferred in Uzbekistan.

HOLDING:

The country of origin of the girl’s shirt and shorts, Style EJ003N and Style EJ003T, is Uzbekistan. Based upon international textile trade agreements products of Uzbekistan are not currently 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 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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