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HQ 959447




August 14, 1996
CLA-2 RR:TC:TE 959447 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 process

Dear Mr. Loring:

This is in reply to your letter dated July 8, 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. No samples were 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, one front breast pocket 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. - sleeves panels are sewn together along a single seam and the sleeve vent is sealed.

The blouse components, i.e., front panels, back panel, sleeves (each sleeve consists of two panels), collar and cuffs are shipped to Country B.

COUNTRY B

- front panels and the back panel are joined at the shoulders;
- second sleeve seams are sewn closed to form sleeves; - the sleeves are attached to the garment; - 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 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, as important assembly operations occur in both Country A and Country B, the subject merchandise is not "wholly assembled" in a single country as per the terms of the tariff shift. Accordingly, Section 102.21(c)(2) is inapplicable.

Section 102.21(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;

(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 single country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit nor wholly assembled in a single country, Section 102.21(c)(3) is inapplicable.

Section 102.21(c)(4) states that, "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 the case of the subject merchandise, the most important assembly process occurs in Country B, that is, where the front panels and back panel are joined at the shoulders, the sleeves are attached to the garment, the side seams are closed, and the collar and cuffs are attached to the garment.

HOLDING:

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

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

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