HQ 959531 - Country of origin determination for T-shirt and jogging pants; 19 CFR ?102.21(c)(2); tariff shift - United States International Trade Commision Rulings

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HQ 959531

August 6, 1996
CLA-2 RR:TC:TE 959531 jb

CATEGORY: CLASSIFICATION

Thomas M. Keating, Esq.
Bowles, Keating, Hering, Matuszewich & Fiordalisi 135 South Lasalle Street, Suite 1140
Chicago, IL 60603

RE: Country of origin determination for T-shirt and jogging pants; 19 CFR ?102.21(c)(2); tariff shift

Dear Mr. Keating:

This is in reply to your letter dated July 19, 1996, on behalf your client, Chinin U.S.A., requesting a country of origin determination for a T-shirt and jogging pants which will be imported into the United States.

FACTS:

The submitted merchandise consists of a men's T-shirt, referenced style number KMT 07, and jogging pants, referenced style number MS 614, made of 100 percent knit cotton fabric. The T-shirt features a ribbed crew neck, short hemmed sleeves, a patch pocket on the front left side, and a hemmed bottom. The jogging pants feature an embroidered logo with the words "Indianapolis Colts" on the upper left leg, elasticized waistband with drawstring closure, side seam pockets and elasticized leg bottoms. The manufacturing operations are as follows:

T-SHIRT

INDIA

- fabric is knit;
- fabric is cut into component pieces (i.e, front and back panels, sleeves, collar, patch pocket);

MALDIVES

- shoulder seams are sewn;
- front and back panels are joined;
- neck band is sewn and attached to the joined panels; - side seams are sewn;
- sleeves are attached to the front and back panels; - shirt bottom and sleeves are hemmed;
- pressing;
- packing.

JOGGING PANTS

INDIA

- fabric is knit;
- fabric is cut into component pieces (i.e., front and back panels, pockets, elastic for waistband and leg bottoms, cotton drawstring for waistband);
-team name and logo are embroidered on the left leg panel;

MALDIVES

- side pockets are sewn to front and back panels; - front and back rise are joined;
- outside leg seams are sewn with pockets; - in-seam is sewn;
- elastic is sewn onto pants to form waistband; - elastic is sewn onto bottom of pant legs; - cotton drawstring is inserted into waistband; - pressing;
- packing.

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 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 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:"

6101-6117 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.

The subject T-shirt and jogging pants are classified in headings 6109 and 6103, Harmonized Tariff Schedule of the United States (HTSUS), respectively. In the manufacturing scenarios you describe in your submission the multiple components for the garments are wholly assembled in a single country. Accordingly, the terms of the tariff shift are applicable. In the case of the T-shirt and jogging pants the country of origin is conferred in the single country where the assembly occurs, that is, the Maldives.

HOLDING:

The country of origin of the subject T-shirt, referenced style number KMT 07, and jogging pants, referenced style number MS 614, is the Maldives.

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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