HQ 0951884 - Country of origin of men's apparel; casual wear - United States International Trade Commision Rulings

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HQ 951884

July 28, 1992

CLA-2 CO:R:C:T 951884 jb

CATEGORY: CLASSIFICATION

Curtis R. Perry
CJ International, Inc.
3021 East Baltimore Street
Baltimore, Md 21224

RE: Country of origin of men's apparel; casual wear

Dear Mr. Perry:

This letter is in response to your inquiry for country of origin determination of men's casual wear.

According to your submissions, the fabric and all submaterials such as buttons and thread for this apparel are manufactured and cut in South Korea. Assembly, (requiring sewing only), and packaging is done in the Philippines.

For country of origin purposes, Section 12.130 of the Customs Regulations (19 CFR 12.130) is applicable to the merchandise at issue. 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 operation 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.

Section 12.130(e)(1)(v) states that an article will be a product of a particular foreign country, when it has undergone prior to importation into the U.S. in that foreign country:

Substantial assembly by sewing and/or tailoring of all cut pieces of apparel articles which have been cut from fabric in another foreign territory or country, or insular possession, into a completed garment (e.g., the complete assembly and tailoring of all cut pieces of suit-type jackets, suits, and shirts).

As you did not provide us with this requisite information, we are unable to make a determination concerning the country of origin for the merchandise at issue. We would also need more detailed information concerning the manufacturing and processing operations as performed in each country.

If you still wish to receive a ruling concerning the country of origin of the merchandise at issue, please submit a new request, containing the additional information requested and samples of the merchandise to be imported, to the following address:

Mr. John Durant
Director
Commercial Rulings Division
1301 Constitution Avenue, N.W.
Washington, D.C. 20229

Sincerely,

John Durant, Director

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