HQ 0951748 - Country of origin for garments manufactured in Singapore and Malaysia - United States International Trade Commision Rulings

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HQ 951748

June 2, 1992

CLA-2.CO:R:C:T 951748 jlj

CATEGORY: CLASSIFICATION

Mr. J. M. Mok
Deputy General Manager/Director
Euro Asia Industries (S) Pte Ltd.
66 Tannery Lane
#01-03 Sindo Building
Singapore 1334

RE: Country of origin for garments manufactured in Singapore and Malaysia

Dear Mr. Mok:

In your letter of March 24, 1992, you requested country of origin rulings for garments to be produced in Singapore, with some assembly work to be done in Malaysia.

For country of origin purposes, Section 12.130 of the Customs Regulations (19 CFR 12.130) is applicable to textile articles. Section 12.130 (b) of the Customs Regulations provides that a textile product that is processed in more than one country or territory shall be a product of that country or territory where it last underwent a substantial transformation. A textile product will be considered to have undergone a substantial transformation if it has been transformed by means of substantial manufacturing or processing operations into a new and different article of commerce.

Section 12.130(d) of the Customs Regulations sets forth criteria in determining whether a substantial transformation of a textile product has taken place. This regulation states that these criteria are not exhaustive; one or any combination of criteria may be determinative, and additional factors may be considered.

Section 12.130(d) (1) states that a new and different article of commerce will usually result from a manufacturing or processing operation if there is a change in:

(i) Commercial designation or identity,
(ii) Fundamental character or
(iii) Commercial use.

Section 12.130(d) (2) of the Customs Regulations states that in determining whether merchandise has been subjected to substantial manufacturing or processing operations, the following will be considered:

(i) The physical change in the material or article as a result of the manufacturing or processing operations in each foreign territory or country, or insular possession of the U. S.

(ii) The time involved in the manufacturing or processing operations in each foreign territory or country, or insular possession of the U. S.

(iii) The complexity of the manufacturing or processing operations in each foreign territory or country, or insular possession of the U. S.

(iv) The level or degree of skill and/or technology required in the manufacturing or processing operations in each foreign territory or country, or insular possession of the U. S.

(v) The value added to the article or material in each foreign territory or country, or insular possession of the U. S., compared to its value when imported into the U. S.

Accordingly, if you wish to receive a country of origin ruling, you should submit detailed information concerning the manufacturing and processing operations performed in each country to create the merchandise. In addition, please submit a sample of the merchandise.

If you wish to receive a ruling concerning the country of origin of merchandise, please submit a request, containing the information requested, to the following address:

Mr. John Durant
Director
Commercial Rulings Division
U. S. Customs Service
1301 Constitution Ave., N. W.
Washington, D. C. 20229.

Sincerely,

John Durant, Director

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