HQ 959046 - Country of origin of bib overall, bib skirt, and jacket; Section 102.21(c)(4) - United States International Trade Commision Rulings

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HQ 959046

June 11, 1996

CLA-2 RR:TC:TE 959046 CAB

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 of bib overall, bib skirt, and jacket; Section 102.21(c)(4)

Dear Mr. Fang:

This is in response to your inquiry of February 23, 1996, requesting a country of origin ruling for multiple garments. This ruling will address the garments at issue in numbers 8 through 10 of your submission. A country of origin determination for the other garments at issue will be addressed in separate rulings. Samples were submitted for examination.

FACTS:

The garment in question is a girls' 100 percent cotton denim overall with front bib, front leg panels, and full back panels with suspenders extending from top to bottom. The manufacturing process is as follows:

Bib Overall
Country B

(a) cutting of all component pieces;
(b) bib sewn;
(c) pocket sewn and attached to bib with overlocking stitching; (d) separate piece of fabric sewn to bib with overlocking stitching;
(e) side pocket sewn onto each leg panel; (f) back panels sewn with overlocking stitching; (g) suspender edges finished with overlocking stitching; (h) side vent facing sewn.

Country A

All component pieces listed at (a) through (h) are assembled together.

The garment at issue is a girls' 100 percent cotton denim bib skirt. The manufacturing process is as follows:

Bib Skirt
Country B

(a) cutting of all component pieces;
(b) bib sewn;
(c) pocket sewn and attached to bib with overlocking stitching; (d) separate piece of fabric sewn to the back of the bib; (e) front skirt panel with pockets sewn;
(g) back skirt panel formed with three pieces of fabric; (h) fixed suspenders, belt loops, and two pockets sewn onto back skirt panel;
(i) belt loops for front panel sewn.

Country A

All component pieces listed at (a) through (i) are assembled together.

The garment at issue is a women's 100 percent woven cotton jacket. The jacket contains 100 percent woven polyester lining. The manufacturing process is as follows:

Jacket
Country B

(a) cutting of all component pieces;
(b) collar sewn;
(c) detachable hood containing lining and drawstring sewn; (d) detachable hood joined to the collar with zipper; (e) front panels with darts sewn;
(f) lining attached to sleeve panels;
(g) pocket and pocket flap sewn and attached to front panels; (h) front lining panels with darts, facing, and elastic sewn at the waistline;
(i) back lining panels with darts and elastic sewn at the waistline
(j) sleeve panels with plackets sewn, side seams not sewn together;
(k) drawstrings sewn;
(l) cuffs sewn.

Country A

All component pieces listed at (a) through (l) are assembled together.

ISSUE:

Pursuant to Section 102.21, Customs Regulations, 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 on 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

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:

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.

6210-6212 (1) If the good consists of two or more component parts, a change to an assembled good of heading 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 are classified in either Heading 6204 or Heading 6211 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Section 102.21(b)(6), which provides the definition for wholly assembled states:

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.

Since the garments at issue have been assembled in both Country A and Country B, Section 102.21(c)(2) is not applicable.

Section 102.21(c)(3) applies where the country or origin of a textile or apparel product cannot be determined pursuant to paragraph (c)(1) or (c)(2) and where the merchandise consists of either a good that was knit to shape in a single country, or (with an exception for goods of certain specifically enumerated headings) was wholly assembled in a single country. As the subject goods are neither knit to shape nor wholly assembled in a single country, Section 102.21(c)(3) is not applicable.

Section 102.21(c)(4) is the first multi-country rule and provides the following:

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 accordance with Section 102.21(c)(4), in the case of the bib skirt, the most important assembly occurs in Country B. In the case of the bib overall and jacket, the most important assembly occurs in Country A. These are the particular countries where the majority of the garment is assembled to completion, discounting any minor finishing operations and subassemblies which are defined in Section 102.21(b)(6).

HOLDING:

The country of origin of the bib skirt is Country B. The country of origin of the jacket and bib overall 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, 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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