CLA 2-RR:NC:TA:360 G84005
Rebecca Cheung
Ann Taylor, Inc.
1372 Broadway - 6th Floor
New York, NY 10018
RE: Classification and country of origin determination for women's woven blouses; 19 CFR 102.21(c)(2); tariff shift
Dear Ms. Cheung:
This is in reply to your letter dated November 3, 2000, requesting a classification and country of origin determination for women's woven blouses which will be imported into the United States.
FACTS:
The subject merchandise consists of style 24-50485, a women's woven blouse made from 78% linen and 22% silk fabric. The blouse features a pointed collar, cap sleeves, a full frontal opening with a six-button closure, darts and a hemmed bottom. The front panels have allover embroidery.
The manufacturing operations for the style 24-50485 are as follows:
Fabric is formed in China
Components are cut and embroidered in China
Cut components are sewn, pressed and packed in the Philippines
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for style 24-50485 will be 6206.90.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's woven blouses of other textile materials. The rate of duty in effect January 2001 will be 6.8 percent ad valorem.
Style 24-50485 falls within textile category designation 840. 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 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 style 24-50485 will be wholly assembled in a single country, that is, the Philippines, as per the terms of the tariff shift requirement, country of origin is conferred in the Philippines.
HOLDING:
The country of origin of style 24-50485 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 212-637-7080.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division