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HQ 958964





April 10, 1996
CLA-2 RR:TC:TE 958964 CAB

CATEGORY: CLASSIFICATION

Ms. Irene Dzuibinski
ALPI USA, Inc.
1111 East Touhy Avenue
Suite 470
Des Plaines, IL 60018

RE: Country of origin of various women's garments; Section 102.21, Customs Regulations

Dear Ms. Dzuibinski:

This is in response to your inquiry of December 21, 1995, requesting a country of origin ruling for certain women's garments. No samples were submitted for examination.

FACTS:

The merchandise at issue is described as women's woven shorts, pants, and jackets. The shorts are comprised of 60 percent wool, 35 percent polyester, and 5 percent other fibers. The pants are constructed of 80 percent wool and 20 percent nylon fabric. The jackets are made of 80 percent wool and 20 percent nylon fabric.

All of the material and trim that comprise the subject garments are manufactured in Italy. The fabric will also be cut into garment pieces in Italy. The cut garment pieces will then be shipped to Bulgaria for complete assembly. The finished garments will then be exported to the United States.

ISSUES:

What is the country of origin of the subject merchandise?

What are the proper country of origin marking requirements for the subject merchandise?

LAW AND ANALYSIS:

Pursuant to Section 334 of the Uruguay Round Agreements Act (URAA), new rules of origin will be effective for textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. These rules were published in the Federal Register, 60 Fed. Reg. 46188 (September 5, 1995). Section 102.21, Customs Regulations (19 CFR Section 102.21), sets forth the general rules to determine country of origin. Thus, the country of origin of a textile product will be determined by a hierarchy of rules set forth in paragraphs (c)(1) through (c)(5) of Section 102.21. Section 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile or apparel product in which the good was wholly obtained or produced.

Section 102.21(c)(2) provides for instances where the country of origin of a textile or apparel product cannot be determined under Section 102.21(c)(1).

Section 102.21(c)(2) provides, in pertinent part:

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.

Section 102.21(e) provides, in pertinent part:

Specific rules by tariff classification. 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.

In this instance, all assembly operations required to produce the finished garments using trim and material woven and cut into garment pieces in Italy are completed in Bulgaria. The finished garments are classifiable under Headings 6202 and 6204 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). All of the foreign components incorporated into the finished garments undergo a change in tariff classification to an assembled good in Bulgaria. Therefore, in accordance with Section 102.21(c)(2) and Section 102.21(e), the country of origin of the subject garments is Bulgaria.

With respect to your request as to advice on the country of origin labeling requirements for the subject garment, Customs recently ruled in Headquarters Ruling Letter 559625, dated January 19, 1996, that the origin rules set forth in Section 334 of the URAA govern the labeling requirements of textile and apparel products for purposes of the country of origin marking requirements of 19 U.S. C. 1304. As a result, the country of origin of the subject merchandise is Bulgaria and must be marked pursuant to 19 U.S.C. 1304 to indicate this country of origin.

HOLDING:

The country of origin of the subject merchandise is Bulgaria.

Pursuant to the origin rules set forth in Section 334 of the URAA and the country of origin marking requirements of 19 U.S.C. Section 1304, markings such as "Shorts or Pants or Jackets (depending on the particular garment) Made in Bulgaria" satisfy the marking requirements.

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
Tariff Classification Appeals

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