H308753

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H308753 March 11, 2021 OT:RR:CTF:FTM H308753 MJD CATEGORY: Origin Ms. Elise Shibles 601 Montgomery Street Suite 1208 San Francisco, CA 94111 Re: Country of origin of women’s denim jacket and vest set and men’s denim jacket Dear Ms. Shibles: This is in reference to your ruling request, dated December 18, 2019, filed on behalf of your client, Crystal Apparel Ltd., concerning the proper country of origin of a women’s denim jacket and vest set (style CAL1900008), and a men’s denim jacket (style CAL900010). Your request was forwarded by the National Commodity Specialist Division to this office for a response. Our ruling is set forth below. FACTS: Style CAL1900008, is a women’s two-piece garment consisting of an outer woven denim jacket and an inner knit vest. The vest can be snapped to fabric loops located in the jacket at the neck and side seams just under the armholes. The vest and jacket can be worn together or separately. The outer denim jacket is constructed from 82% cotton, 8% polyester, 8% elasterell-p, and 2% elastane woven fabric. It has a full front opening with a right-over-left, six-snap closure; a spread collar; and long, vented sleeves with snap cuffs. The garment also features flap, chest pockets with snap closures, zippered welt pockets at the waist, and a banded bottom with adjustable snap tabs. The inner vest is constructed from 49% polyester, 44% cotton, and 7 % spandex knit fabric. The outer surface of the garment’s fabric measures more than nine stitches per two centimeters in the direction the stitches were formed. The vest features 6 panels; two in the front; two on the side; two in the back; a pieced self-fabric hood attached at the neckline; and a center back sweat patch. Additional features include three sewn in self-fabric tabs each with a snap closure; a full front opening with a zipper closure, oversized rib-knit arm holes and a rib-knit bottom that reaches to below the waist. The manufacturing operations for the women’s jacket and vest (style CAL1900008) are as follows: Women’s Jacket (Style CAL1900008) China: Fabric is cut into components and subcomponents Collar is assembled Multiple subcomponents are sewn together to form the front and back panels Chest pocket flaps are assembled and attached to the outer front panels Chest pockets are formed and sewn to the inner front panels Zippers are inserted and welt pockets are formed on front panels Yolks are attached to complete the front panels Back yolk is attached to complete the back panel Front plackets are formed and stitched into place Sleeve pieces are sewn together to create the sleeve vents Macau: Shoulder seams are sewn Sleeves are attached Side seams are sewn Collar is attached to the body Waistband is attached China: Fabric loops are formed and attached to neck and underarm side seams Sleeve cuffs are attached to the sleeves Adjustable waist tabs are assembled and sewn to the bottom band Snaps are attached Labels are attached Garment is washed, ironed, packed, and inspected Women’s Vest (Style CAL1900008) China: Fabric is cut into component parts Back panels are sewn together Zipper is attached Ribbons are attached to back yoke and side seams of the back panel Hood is formed Macau: Shoulder and side seams are sewn together China: Armholes are hemmed (rib knit capping is sewn on) Hood is attached to the body Waistband is attached to the bottom Labels are attached; finishing is completed Style CAL1900010 is a men’s jacket constructed from 100% cotton woven denim fabric. The unlined jacket features a full front opening secured with a left-over-right, six-button closure; button-flap chest pockets; welt pockets below the waist; and a pointed collar. The jacket also features long, vented sleeves with button cuffs, and a banded bottom with adjustable button tabs. The manufacturing operations for the men’s jacket (style CAL1900010) are as follows: Men’s Jacket (Style CAL1900010) China: Fabric is cut into components and subcomponents Collar is assembled Multiple subcomponents are sewn together to form the front and back panels Pocket flaps are sewn and attached to the panels Pockets are sewn onto the front panels Yolks are attached to complete the front panels Hanger loop is constructed and attached to the back yoke Back yolk is attached to complete the back panel Front plackets are formed and stitched into place Sleeve pieces are sewn together to create the sleeve vents Macau: Shoulder seams are sewn Sleeves are attached Side seams are sewn Collar is attached Waistband is attached and hemmed China: Sleeve cuffs are attached Adjustable waist tabs are assembled and sewn to bottom band Buttonholes are created and buttons are attached Labels are attached Garment is bartacked, washed, ironed, packed, and inspected ISSUE: What is the country of origin of the subject women’s jacket and vest set, and men’s jacket? LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. § 3592), enacted on December 8, 1994, provides rules of origin for textiles and apparel products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. Section 102.21 of the Code of Federal Regulations (19 C.F.R. § 102.21), implements the URAA. The country of origin of a textile or apparel products will be determined by sequential application of paragraphs (1) through (5) of section 102.21 (19 C.F.R. § 102.21(c)(1) – (5)). Paragraph (c)(1) of section 102.21 (19 C.F.R. § 102.21(c)(1)) states that “[t]he 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 are not wholly obtained or produced in a single country, territory, or insular possession, 19 C.F.R. § 102.21(c)(1) is inapplicable. Paragraph (c)(2) of section 102.21 (19 C.F.R. § 102.21(c)(2)) states that “the country of origin of the good is the single country, territory, or insular possession in which each foreign material 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) of section 102.21 (19 C.F.R. § 102.21(e)) states, in relevant part, that “[t]he following rules will 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, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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. 6201-6208 (1) 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 Although the garments consist of two or more component parts, they are not wholly assembled in a single country, territory, or insular possession. Accordingly, as the terms of the tariff shift are not met, paragraph (c)(2) is inapplicable. Paragraph (c)(3) concerns goods that are either knit to shape, or not knit to shape but wholly assembled in a single country, territory, or insular possession. This paragraph is also inapplicable since the subject garments are neither knit to shape nor wholly assembled in a single country, territory, or insular possession. Paragraph (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 ori

Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. § 3592), enacted on December 8, 1994, provides rules of origin for textiles and apparel products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. Section 102.21 of the Code of Federal Regulations (19 C.F.R. § 102.21), implements the URAA. The country of origin of a textile or apparel products will be determined by sequential application of paragraphs (1) through (5) of section 102.21 (19 C.F.R. § 102.21(c)(1) – (5)).Paragraph (c)(1) of section 102.21 (19 C.F.R. § 102.21(c)(1)) states that “[t]he 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 are not wholly obtained or produced in a single country, territory, or insular possession, 19 C.F.R. § 102.21(c)(1) is inapplicable. Paragraph (c)(2) of section 102.21 (19 C.F.R. § 102.21(c)(2)) states that “the country of origin of the good is the single country, territory, or insular possession in which each foreign material 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) of section 102.21 (19 C.F.R. § 102.21(e)) states, in relevant part, that “[t]he following rules will 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 requirements6101- 6117 (1) If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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. 6201-6208 (1)