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HQ 958668




May 15, 1996
CLA-2 RR:TC:TE 958668 jb

CATEGORY: CLASSIFICATION

Brenda A. Jacobs, Esq.
Powell, Goldstein, Frazer & Murphy
1001 Pennsylania Avenue, N.W., Sixth Floor Washington, D.C. 20004

RE: Country of origin determination for men's woven trousers; 19 CFR ?102.21(c)(4); most important assembly

Dear Ms. Jacobs:

This is in reply to your letter dated November 20, 1995, on behalf of your client, the Singapore Trade Development Board, requesting a country of origin determination for men's woven trousers which will be imported into the United States sometime on or after July 1, 1996. No samples were submitted to this office for examination.

FACTS:

The subject merchandise consists of men's woven trousers which will be composed of either wool, cotton or synthetic fibers. The manufacturing operations are as follows:

PRODUCTION PLAN I:

Country B

- pattern design;
- grading;
- fabric sourced from Hong Kong is marked according to the pattern.

Country A

- fabric is cut to pattern;
- front and back pockets are sewn;
- front and back rise are joined.

Country B

- outside leg seams are assembled together with the in-seam; - waistband is attached to the front and back panels.

Country A

- leg is hemmed;
- belt loops are attached;
- buttons and button holes are sewn;
- quality control;
- washing, pressing and packing.

PRODUCTION PLAN II:

Country B

- pattern design;
- grading;
- fabric sourced from Hong Kong is marked according to the pattern.

Country A

- fabric is cut to pattern;
- front and back pockets are sewn;
- front and back rise are joined;
- outside leg seams are assembled.

Country B

- waistband is attached to the front and back panels; - in-seam is assembled;
- buttons and button holes are sewn;
- belt loops are attached;
- hems or cuffs are sewn;
- quality control;
- washing, pressing and packing.

PRODUCTION PLAN III

Country B

- pattern design;
- grading;
- fabric sourced in Hong Kong is marked according to the pattern;

Country A

- fabric is cut to pattern;
- front and back pockets are sewn;
- front and back rise are joined.

Country B

- waistband is attached to the front and back panels; - outside leg seams are assembled;
- in-seam is assembled;
- buttons and button holes are sewn;
- belt loops are attached;
- hems or cuffs are sewn;
- quality control;
- washing, pressing and packing.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act 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 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) 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:"

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.

The subject merchandise is classifiable as men's woven trousers in heading 6203, Harmonized Tariff Schedule of the United States (HTSUS). Section 102.21(b)(6) defines wholly assembled as :

The term "wholly assembled" when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as "wholly assembled" in a single country, territory, or insular possession.

As the subject trousers are assembled in both Country A and Country B, the good is not wholly assembled in a single country as per Section 102.21 (c)(2).

Paragraph (c)(3) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (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 origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred". In the case of the subject merchandise, assembly occurs in both Country A and Country B. It is the opinion of this office that in production plan I, the most important assembly occurs in Country A where the front and back pockets are sewn, the front rise and back rise are joined, and the belt loops are attached. In production plan II, the most important assembly occurs in Country A where the front and back pockets are sewn, the front and back rise are joined and the outside leg seams are assembled. In production plan III, the most important assembly occurs in Country A where the front and back pockets are sewn, and the front and back rise are joined.

HOLDING:

In production plan I the country of origin of the subject men's trousers is Country A.

In production plan II the country of origin of the subject men's trousers is Country A.

In production plan III the country of origin of the subject men's trousers is Country A.

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 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, 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.

Sincerely,

John Durant, Director
Tariff Classification Appeals

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