HQ 958851 - Country of origin determination for a woman's blouse; 19 CFR §102.21(c)(2); wholly assembled - United States International Trade Commision Rulings

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HQ 958851

February 22, 1996
CLA-2 RR:TC:TE jb

CATEGORY: CLASSIFICATION

Harold I. Loring, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-0002

RE: Country of origin determination for a woman's blouse; 19 CFR §102.21(c)(2); wholly assembled

Dear Mr. Loring:

This is in reply to your letter dated January 17, 1996, on behalf of your client, The Limited, Inc., requesting a country of origin determination for women's blouses which will be imported into the United States sometime on or after July 1, 1996. No sample was submitted to this office for examination.

FACTS:

The merchandise at issue consists of a woman's woven long sleeved blouse which buttons down the front. You state that the blouse will be constructed of either cotton, silk or man-made fibers. The blouse features a collar, cuffs, two front breast pockets and a back yoke. The manufacturing process is as follows:

COUNTRY A

- two front panels, single back panel and sleeve components are cut to shape; - pocket components, collar components, cuff components and yoke are cut to shape; - pockets hemmed and sewn to the front panels; - collar components are attached to form the collar; - cuff components are attached to form cuffs; - yoke is attached to the back panel;
- the front panel is placketed and buttonholed.

The blouse components, i.e., front panels, back panel, sleeves, collar and cuffs are shipped to Country B.

COUNTRY B

- front panels and the back panel are joined at the shoulders; - the sleeves are set;
- side seams are closed;
- collar and cuffs are assembled to the blouse.

The blouse will then be returned to Country A for inspection, washing, buttoning, trimming , ironing and packaging.

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 Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 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 a women's blouse classifiable in heading 6206, HTSUSA. As such, it is provided for under the tariff shift rule. That rule also states that country of origin is conferred by that single country, territory or insular possession in which the good is wholly assembled. 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.

In the case of the subject merchandise, operations performed in country A, that is, minor attachments such as the buttons, and minor subassemblies such as the pockets, collar, cuffs, and plackets do not change the fact that the components are "wholly assembled" to form the finished good in country B. Accordingly, country of origin is conferred by country B.

HOLDING:

The country of origin of the subject woman's blouse is country B.

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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