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HQ 959413





September 12, 1996
CLA-2 RR:TC:TE 959413 jb

CATEGORY: CLASSIFICATION

Patrick T. O'Brien, Esq.
Greenberg, Traurig
515 East Las Olas Boulevard
Fort Lauderdale, Florida 33301

RE: Country of origin determination for a wedding dress; 19 CFR process

Dear Mr. O'Brien:

This is in reply to your letter dated June 20, 1996, on behalf of your client, Alfred Angelo, Inc., requesting a country of origin determination for a wedding dress.

FACTS:

The subject merchandise consists of a wedding dress, referenced style 1721, comprised of cut fabric panels of 100 percent polyester satin, 100 percent polyester tullonette and 100 percent polyester taffeta. The wedding dress also features imitation pearls, lace medallions, self-covered buttons, hook and eye closures, snaps, shoulder pads, labels and a zipper.

The manufacturing operations are as follows:

TAIWAN

- fabric is formed;
- cutting of fabric for outershell of dress and lining; - cut all straps to size;
- close shoulder yokes;
- sandwich yoke (that is, two-ply tullonet is attached to bodice, with bodice in between);
- close back darts;
- insert tullonet lining into sleeves, insert button loops; - pin skirt front and back panels.

INDONESIA

- make collar;
- bodice is lined;
- pin bodice;
- sandwich close front princess lines (that is, two-ply satin fabric and lining are stitched at the princess seam, with lining in between)
- applique bodice;
- set pearls to sleeves;
- pin sleeves;
- applique sleeves;
- clip excess of fabric under sleeve medallions; - applique bodice over armholes;
- inspecting bodice;
- close skirt center back seam;
- set pearls to skirt;
- applique skirt medallions;
- applique skirt hem;
- pin bow;
- applique bow;
- make bow-knot.

*In regard to the "applique", "hem lace" and "medallions" featured on the dress, these are cut out in the desired size and shape from running yards and sewn onto the dress. When the applique and medallions are present on the sleeves, these are also cut out in the desired size and shape from running yards and then placed over the sleeve components which are laid flat. The sleeve material is then cut out from underneath the applique/medallions for a "see-through" effect. The pearls/sequins are hand stitched onto the dress.

TAIWAN

- set collar to yoke;
- overlock side seams;
- close side seams;
- stay shirr sleeve caps;
- overlock sleeve inseams;
- close sleeves;
- set sleeve barrels;
- overlock armholes;
- set shoulder pads;
- close skirt side seams;
- overlock skirt zipper opening and hem;
- close slip side seams;
- hem slip;
- shirr set tullonet ruffle on slip;
- close slip center back seam;
- close interslip seams;
- stay slips to skirt waistline and shirr - inspect skirt;
- join bodice to skirt;
- overlock zipper opening;
- tulle face yoke zipper opening, insert button loops, set; - zipper is sewn;
- hook and eye fasteners are attached;
- buttons are attached;
- tack bow-knot;
- snaps are sewn;
- final pressing;
- final inspecting;
- bagging.

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 (codified at 19 USC 3592) 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 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 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.

Paragraph (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.

The subject merchandise is classifiable as a wedding dress in heading 6204, Harmonized Tariff Schedule of the United States (HTSUS). In the case of the subject wedding dress, there is a significant amount of embellishment, that is, applique and beading, occurring in Indonesia which appreciably affects the identity of the good. Additionally, there are a number of assembly operations occurring in Indonesia. It is the opinion of this office that this combination of embellishment and assembly operations occurring in Indonesia are not minor. As such, 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 not knit, and the merchandise is not wholly assembled in one 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". Although the subject wedding dress features a significant amount of applique and beading which occur in Indonesia, it is the opinion of this office that in this particular case, the applique and beading operations do not outweigh the importance of the sewing together of the numerous components of the wedding dress in Taiwan. Accordingly, the country of origin of the subject wedding dress is Taiwan.

HOLDING:

The country of origin of the subject wedding dress, referenced style 1721, is Taiwan.

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 sections 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,


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