HQ 956619: Classification and country of origin determination for men's pants

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 956619
                                 
                        September 23, 1994

CLA  CO:R:C:T  956619  jb

CATEGORY:  CLASSIFICATION

TARIFF NO.:  6203.42.4015

Mr. Ryden Richardson, Jr.
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA. 90026-0057

RE:  Classification and country of origin determination for men's
     pants 

Dear Mr. Richardson:

     This letter is in response to your inquiry of May 25, 1994,
on behalf of your client, Rays Apparel Inc., requesting a
classification and country of origin determination for a pair of
men's woven cotton pants.  A sample was submitted to this office
for examination.

FACTS:

     The submitted sample, referenced style number 2-80180,
consists of a pair of men's cotton woven pants featuring a flat
waistband with belt loops, a button closure on the waistband, a
fly front opening with a zipper closure, side seam pockets, two
rear pockets and a hemmed leg bottom.  

     You state that the cotton fabric for the pants is sourced in
Hong Kong, China or another third country.  The fabric will be
sent to Hong Kong where it will be cut and sewn into the garment. 
The garment will then be sent to China where it will undergo
finishing operations which you state to be opening button holes
and sewing on buttons, putting on bartacks, trimming, washing,
pressing and packaging.

ISSUE:

     What is the classification and country of origin of the
merchandise at issue?





LAW AND ANALYSIS:

Classification

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), is in
accordance with the General Rules of Interpretation (GRI).  GRI 1
requires that classification be determined according to the terms
of the headings and any relative section or chapter notes.  Where
goods cannot be classified solely on the basis of GRI 1, the
remaining GRI will be applied, in the order of their appearance.

     Chapter 62, HTSUSA, provides for articles of apparel and
clothing accessories, not knitted or crocheted.  Heading 6203,
HTSUSA, provides for, inter alia, men's trousers.  The subject
sample is thus classifiable in subheading 6203.42.4015, HTSUSA,
which is the provision for men's trousers of cotton.

Country of Origin

     Section 12.130 of the Customs Regulations (19 CFR 12.130)
sets forth the principles of country of origin for textiles and
textile products subject to Section 204 of the Agricultural Act
of 1956, as amended (7 U.S.C. 1854).

     Pursuant to 19 CFR 12.130(b), the standard of substantial
transformation governs the country of origin determination where
textiles and textile products are processed in more than one
country.  The country of origin of textile products is deemed to
be that foreign territory or country where the article last
underwent a substantial transformation.  Substantial
transformation is said to occur when the article has been
transformed into a new and different article of commerce by means
of substantial manufacturing or processing.
     
     The factors to be applied in determining whether or not a
manufacturing operation is substantial are set forth in 19 CFR
12.130(d).  Section 12.130(e)(1) describes manufacturing or
processing operations from which an article will usually be
considered a product of the country in which those operations
occurred.  Section 12.130(e)(1)(iv) provides that an article or
material usually will be a product of a particular foreign
territory or country when there has been both a cutting of fabric
into parts and the assembly of those parts into the completed
article.

     Additional operations such as opening the buttonholes and
sewing on the buttons and bartacks are considered minor finishing
operations and are not sufficient to affect the country of
origin.  Trimming, washing, pressing and packing fall within the
language of section 12.130(e)(2)(i) which states:


     An article or material usually will not be considered to be
     a product of a particular foreign territory or country, or
     insular possession of the U.S. by virtue of merely having
     undergone any of the following:

     Simple combining operations, labeling, pressing,            cleaning or dry cleaning, or packaging operations, or       any combination thereof;

     The country of origin of the subject garment is Hong Kong as
that is where the cutting and assembly to produce the garment
takes place.

HOLDING:

     Style number 2-80180 is classifiable in subheading
6203.42.4015, HTSUSA, which provides for, inter alia, men's
trousers, of cotton, other, other.  The applicable rate of duty
is 17.7 percent ad valorem and the quota category is 347.

     The country or origin of the submitted merchandise is Hong
Kong.  It is in Hong Kong where the fabric is cut and sewn into
the garment.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
part categories are the result of international bilateral
agreements which are subject to frequent negotiations and
changes, we suggest that your client check, close to the time of
shipment, the Status Report on Current Import Quotas (Restraint
Levels), an issuance of the U.S. Customs Service which is updated
weekly and is available at the local Customs office.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, your client should contact the
local Customs office prior to importing the merchandise to
determine the current status of any import restraints or
requirements.

     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
177.9(b)(1), Customs Regulations (19 CFR 177.9(b)(1)).  This
section states that a ruling letter is issued on the assumption
that all of the information furnished in the ruling letter,
either directly, by reference, or by implication, is accurate and
complete in every material respect.  

     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, it is recommended that a new ruling
request be submitted in accordance with Section 177.2, Customs
Regulations (19 CFR 177.2).

                              

                              Sincerely,


                              
                              John Durant, Director
                              Commercial Rulings Division