HQ 959539 - Country of origin determination for women's panties; 19 CFR - United States International Trade Commision Rulings

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HQ 959539

August 13, 1996
CLA-2 RR:TC:TE 959539 jb

CATEGORY: CLASSIFICATION

Amy Johnson
Wal-Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: Country of origin determination for women's panties; 19 CFR

Dear Ms. Johnson:

This is in reply to your letter dated July 22, 1996, requesting a country of origin determination for certain women's panties which will be imported into the United States. Samples were submitted to this office for examination.

FACTS:

The subject merchandise consists of two pairs of women's panties. The manufacturing operations are as follows:

Women's Black Panties (made of nylon fabric)

JAPAN

- nylon fabric for panties is formed.

CHINA

- cotton fabric for crotch is formed;
- elastic for waistband and leg openings is sourced.

PHILIPPINES

- cutting of front and back panels and crotch; - sewing of front and back panels and crotch; - sewing of elastic onto waistband and leg openings.

Women's Pink Panties (made of cotton fabric)

CHINA

- cotton fabric for panties is formed;
- cotton fabric for crotch is formed;
- elastic for waistband and leg openings is sourced.

PHILIPPINES

- cutting of front and back panels and crotch; - sewing of front and back panels and crotch; - sewing of elastic onto waistband and leg openings.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 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".

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 merchandise is classifiable as women's panties in heading 6108, Harmonized Tariff Schedule of the United States (HTSUS). As the subject panties are wholly assembled in a single country, the Philippines, the country of origin is conferred in the Philippines.

HOLDING:

The country of origin of the subject women's panties is the Philippines.

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 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

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