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HQ 958792




March 18, 1996
CLA-2 RR:TC:TE 958792 jb

CATEGORY: CLASSIFICATION

Diane L. Weinberg, Esq.
Sandler, Travis & Rosenberg, P.A.
505 Park Avenue
New York, NY 10022-1106

RE: Country of origin determination for a men's shirt; 19 CFR

Dear Ms. Weinberg:

This is in reply to your letter dated December 4, 1995, on behalf of your client, the Salant Corporation, requesting a country of origin determination for men's shirts which will be imported into the United States sometime on or after July 1, 1996. A sample was submitted to this office for examination.

FACTS:

The submitted merchandise consists of a men's 100 percent woven rayon shirt featuring a full front button opening, long sleeves, collar, cuffs and a back yoke. The piece goods to be used in manufacturing the subject shirts will be obtained primarily from Taiwan, Japan, Malaysia, or some other country. The manufacturing operations are as follows:

Hong Kong

- the piece goods are cut to shape.

China

- components comprising the collar, collar band and cuffs are formed;
- pockets are set;
- the sleeves and front plackets are formed; - the front placket is sewn to the front panel; - the buttons are attached to the garment.

Hong Kong

- the cuffs are attached to the sleeves;
- the sleeves are attached to the body;
- the yoke, front and back panels are assembled together; - the side seams are felled;
- the bottom is hemmed.

China

- the garments are ironed and packed for export.

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 Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 of the 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 asssembled 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 a men's woven shirt in heading 6205, HTSUSA. 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 front placket is assembled to the front panel in China, and further assembly is performed in Hong Kong, the good is not wholly assembled in a single country. Acccordingly Section 102.21 (c)(2) is inapplicable.

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 China and Hong Kong. It is the opinion of this office that the assembly in Hong Kong, where the components of the garment are sewn together (cuffs to the sleeves, sleeves to the body, yoke, front and back panels, and side seams), constitutes the most important assembly.

HOLDING:

The country of origin of the subject men's shirt is Hong Kong.

This ruling is issued pursuant to the provisions of Part 177, Customs Regulations (19 CFR Part 177). If the specific factual situation is not as described above, this ruling may not be valid. In such an event, it is recommended that a new ruling request be submitted.

Sincerely,

John Durant, Director

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