HQ 959045 - Country of origin determinations; men's trousers; men's jumpsuit; women's jumpsuit; Section 102.21, Customs Regulations. - United States International Trade Commision Rulings

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HQ 959045

May 21, 1996
CLA-2 RR:TC:TE 959045 SK

CATEGORY: CLASSIFICATION

Kenneth Fang
Textile Council of Hong Kong Limited
63 Tai Yip Street, 3rd Floor
Kowloon Bay
Kowloon, Hong Kong

RE: Country of origin determinations; men's trousers; men's jumpsuit; women's jumpsuit; Section 102.21, Customs Regulations.

Dear Mr. Fang:

This is in response to your inquiry of February 23, 1996, requesting a series of country of origin determinations for various articles of apparel pursuant to Section 102.21, Customs Regulations. This ruling letter responds to items 4 through 7 of your inquiry. Samples of the finished items of apparel, along with their unassembled constituent parts, were submitted to this office for examination.

FACTS:

Item #4 consists of a pair of men's 100 percent cotton woven trousers with a 100 percent polyester lining. In your submission to this office, you state that the cutting of the component pieces is performed in Country B along with the following assembly and subassembly operations:

(a) front leg panels with darts, each with one side pocket sewn, and with a zipper sewn onto the left leg panel;

(b) front fly;

(c) waistband;

(d) belt loops;

(e) back leg panels with darts and with one back pocket sewn onto the right leg panel; and

(f) complete lining, with front and back lining panels sewn together and ready for sewing onto the garment in Country B.

The assembly of the outershell of the garment (i.e., the joining of the component pieces identified in (a) through (e)) is performed in Country A. The joining of the outershell and the lining is performed in Country B.

Item #5 consists of a pair of men's 100 percent cotton woven trousers with a 100 percent polyester lining. The cutting of the component pieces is performed in Country B along with the following assembly and subassembly operations.

(a) front leg panels with darts, with lining sewn, each with one side pocket sewn, and with a zipper sewn onto the left leg panel;

(b) front fly;

(c) waistband;

(d) belt loops;

(e) back leg panels with darts, with lining sewn and with one back pocket sewn onto the right leg panel.

The assembly of the components set forth in (a) through (e) takes place in Country A.

Item #6 consists of a men's 100 percent cotton woven jumpsuit with separate tops and bottom panels. The cutting of all the component pieces occurs in Country B, along with the following assembly and subassembly operations.

(b) front top panels, each with front yoke and pocket sewn;

(c) back top panel with back yoke sewn;

(d) front leg panels, each with one side pocket sewn;

(e) back leg panels, each with one back pocket sewn;

(f) sleeve panels with plackets, side seams not sewn together; and

(g) cuffs.

The assembly of the components set forth in (a) through (g) takes place in Country A.

Item #7 consists of a women's 100 percent cotton woven jumpsuit with a 100 percent polyester lining. The cutting of all the component pieces occurs in Country B, along with the following assembly and subassembly operations.

(b) front top panels, each with front yoke and pocket sewn;

(c) back top panel with back yoke sewn;

(d) front leg panels, each with one side pocket sewn;

(e) back leg panels, each with one back pocket sewn;

(f) complete lining, ready for being sewn onto the garment in Country B;

(g) sleeve panels with plackets, side seams not sewn together; and

(h) cuffs.

The assembly of the outershell of the garment (i.e., the assembly of components (a) through (e) and (g) and (h)) takes place in Country A. The joining of the outershell and the lining, identified as (f) supra, is performed in Country B.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

Pursuant to the Uruguay Round Agreements Act, new rules of origin will be effective for textile or apparel 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 which determine country of origin. The country of origin of a textile or apparel 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 is wholly obtained or produced in a single country, territory, or insular possession.

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:

"[W]here 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(c)(3) governs instances where country of origin of a textile or apparel product cannot be determined pursuant to paragraphs (c)(1) or (c)(2) and where the subject merchandise consists of either a good that was knit to shape in a single country or, except for goods of certain specifically enumerated headings, if the good was not knit to shape and was wholly assembled in a single country.

Section 102.21, paragraph (b)(6), defines "wholly assembled" as follows:

"[T]he 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."

Section 102.21(c)(4) provides:

"[W]here 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 manufacturing scenarios set forth above, Section 102.21(c)(1) does not provide the relevant country of origin analysis because none of the subject garments are wholly obtained or produced in a single country.

Section 102.21(c)(2) is also inapplicable. Items 4 and 5 are men's 100 percent cotton woven trousers, classifiable under subheading 6203.42, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Items 6 and 7 consist, respectively, of men's and women's 100 percent cotton woven jumpsuits. The men's jumpsuit is classifiable under subheading 6211.32. The women's jumpsuit is classifiable under subheading 6211.42, HTSUSA. Accordingly, we are directed to paragraph (e) of this section which states, in pertinent part, that origin is conferred in the following situations:

6201-6208 (1) If the good consists of two or more component parts, a change to an assembled good of 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.

6210-6212 (1) If the good consists of two or more component parts, a change to an assembled good of 6210 through 6212 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 garments in all four manufacturing scenarios undergo assembly in
more than one country. Accordingly, Section 102.21(c)(2) is inapplicable and our hierarchical application of Section 102.21(c) continues.

Section 102.21(c)(3) does not provide the relevant country of origin analysis inasmuch as the subject garments are not knit to shape goods and, as stated above, they did not undergo assembly in a single country, territory, or insular possession.

The relevant analysis in the instant case is provided by Section 102.21(c)(4), cited supra, which looks to the country, territory, or insular possession in which the most important assembly or manufacturing process occurred as conferring origin. In all four manufacturing scenarios, the most important assembly takes place in
Country A. It is in this country that numerous component pieces are assembled to completion, with certain exceptions, and none of the assembly operations occuring in Country A are deemed "minor" as defined in Section 102.21(b)(6). The exceptions previously referred to include the attachment of the lining in the case of Items 4 and 7, the attachment of the side pockets to the front leg panels on Items 4, 5, 6 and 7, the attachment of the zippers to the front left leg panels on Items 4 and 5, the attachment of the front and back pockets, front and back yokes, and sleeve plackets on Items 6 and 7. These assembly operations take place in Country B, but do not confer origin in the manufacturing scenarios provided to this office.

HOLDING:

The country of origin of Items 4, 5, 6 and 7 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
Division

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