HQ 959482 - Country of origin of various garments; Section 102.21(c)(2), Customs Regulations; Heading 6104; Heading 6110 - United States International Trade Commision Rulings

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HQ 959482

August 6, 1996

CLA-2 RR:TC:TE 959482 CAB

CATEGORY: CLASSIFICATION

Mr. Barry Cheung
Aytex Garment Factory Ltd.
328 W. 2nd Avenue
Vancouver, B.C. V5Y 1C8

RE: Country of origin of various garments; Section 102.21(c)(2), Customs Regulations; Heading 6104; Heading 6110

Dear Mr. Cheung:

This is in response to your inquiry of June 3, 1996, requesting a country of origin determination for various garments pursuant to Section 102.21, Customs Regulations. Samples were submitted for examination and will be returned to you under separate cover.

FACTS:

The first garment at issue is referred to as Style 00960495. The garment is a women's solid color short sleeved shirt with detachable shoulder pads and side slits. The shirt is constructed of 100 percent knitted cotton jersey material. The shirt yarns are spun in China and the material is also knitted in China. The material is then transported to Canada where it is cut and sewn into the finished shirt. The shoulder pads are also cut and sewn in Canada.

The second garment at issue is referred to as Style 00960497. The garment is a women's solid color sleeveless mock turtleneck shirt. The shirt is constructed of 100 percent knitted cotton fabric. The shirt yarns are spun in China and the material is also knitted in China. The fabric is then exported to Canada where it is cut and sewn into the finished shirt.

The third garment at issue is referred to as Style 00960682. The garment is a pair of women's shorts. The shorts contain an elasticized waistband and side pockets on each leg. The shorts are constructed 100 percent knitted cotton fabric. The shirt yarns are spun in China and the fabric is also knitted in China. The fabric is then transported to Canada where it is cut and sewn into the finished shorts.

The fourth garment at issue is referred to as Style 00960859. The garment is a women's long sleeved turtleneck shirt. The shirt is constructed of 100 percent cotton fabric that is knitted in China. The shirt yarns are also spun in China. The fabric is exported to Canada where it is cut and sewn into the finished shirt.

The fifth garment at issue is referred to as Style 00960860. The garment is a women's solid color long sleeved mock turtleneck shirt. The shirt is constructed of 100 percent cotton fabric that is knitted in China. The shirt yarns are also spun in China. The fabric is exported to Canada where it is cut and sewn into the finished shirt.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

Pursuant to Section 334 of the Uruguay Round Agreements Act (codified at 19 USC Section 3592), rules of origin were 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 is wholly obtained or produced in a single country, territory, or insular possession. As the subject apparel is not wholly obtained or produced in a single country, territory, or insular possession, Section 102.21(c)(1) is inapplicable.

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

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) states "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:"

6101-6117 (1) If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

As the subject garments are not wholly obtained or produced in a single country, we must apply Section 102.21(c)(2) and the applicable requirement of Section 102.21(e) to the proposed scenario to determine the country of origin. The shirts are classified in Heading 6110 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) and the shorts are classified in Heading 6104, HTSUSA. Pursuant to the applicable provisions of Section 102.21(e), the country of origin of the subject garments is Canada, the country where they were wholly assembled.

HOLDING:

The country of origin of the subject merchandise is Canada.

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 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

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