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NY J86493




July 31, 2003

CLA2-RR:NC:N3:360 J86493

CATEGORY: CLASSIFICATION

Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: Classification and country of origin determination for a women’s suit-type jacket; 19 CFR 102.21(c)(4)

Dear Ms. Baron:

This is in reply to your letter dated June 24, 2003, on behalf of Carnival Industries, Corp., requesting a classification and country of origin determination for a women’s suit-type jacket which will be imported into the United States. The sample and component parts will be returned to you under separate cover.

FACTS:

The subject merchandise consists of a women’s multi-paneled suit-type jacket designated as style QR08P. The lined garment is made from 100% polyester woven fabric. Style QR08P has a full front opening secured by one button, lapels, side pockets and long, hemmed sleeves.

The manufacturing operations for style QR08P are as follows:

CHINA

Fabric is formed
Components are cut
Label sewn into lining fabric
Darts created on front panels of shell
Side panel of shell sewn to front panel
Center back of shell sewn
Sleeve vent and button sewn
Under sleeve sewn
Stay tape sewn to armhole
Sleeve cap shirring sewn
Pocket sewn to shell
Center front placket sewn and edge stitched Button holing and button sewn

Philippines

Shoulder and under collar of shell sewn
Collar joined to shell body
Side panel sewn
Sleeve openings hemmed
Sleeve set to shell body
Shoulder pads inserted
Shell and lining sewn together at front and back facing All seams tacked together
Shell sewn to lining
Bottom hem sewn
Sleeve closed and sleeve hem tacked
Pressing
Inspecting and packing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style QR08P will be 6204.33.5010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ suit-type jackets and blazers of synthetic fibers. The rate of duty will be 27.5 percent ad valorem.

Style QR08P falls within textile category designation 635. 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.

If the good does not consist of two or more component parts, a change to heading 6201 through 6208 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.

The subject merchandise is classified as women’s woven suit-type jackets in heading 6204, HTS. The subject merchandise consists of two or more components. As it is not wholly assembled in a single country, the terms of the tariff shift are not met.

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, the joining of the shoulder and the under collar of the shell; joining of collar to the shell body; joining side panels to front and back panels; hemming of sleeve openings; setting sleeves to shell body; joining of lining and shell at front and back facing; sewing shell to lining, and the closing and hem tacking of the sleeve constitute the most important assembly processes. Accordingly, the country of origin of the suit-type jacket is the Philippines.

HOLDING:

The country of origin of style QR08P is the Philippines. Based upon international textile trade agreements products of the Philippines 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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