HQ 959585 - Country of origin determination for rainwear garments; 19 CFR ?102.21(c)(2); tariff shift - United States International Trade Commision Rulings

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HQ 959585

September 6, 1996
CLA-2 RR:TC:TE 959585 jb

CATEGORY: CLASSIFICATION

Dale E. Wolfer
Oregon International Airfreight
8520 NE Alderwood Rd., Suite A
Portland, OR 97220

RE: Country of origin determination for rainwear garments; 19 CFR ?102.21(c)(2); tariff shift

Dear Mr. Wolfer:

This is in reply to your letter dated July 24, 1996, on behalf of your client, Solstice Inc, requesting a country of origin determination for certain rainwear garments which will be imported into the United States.

FACTS:

The subject merchandise consists of a variety of styles of rainwear garments, that is jackets and pants, made of Gore-Tex and Microshed fabrics. The manufacturing operations are as follows:

JAPAN

- Gore-Tex/Microshed fabric is woven and laminated/coated.

TAIWAN or CHINA or THAILAND

- cutting of the fabric;
- sewing;
- complete assembly.

ISSUE:

1. What is the country of origin of the subject merchandise?

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

6210-6212 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 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 rainwear garments in heading 6210, Harmonized Tariff Schedule of the United States (HTSUS). 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.

As the subject merchandise is wholly assembled in either Taiwan or China or Thailand, the country of origin of the subject merchandise is either Taiwan or China or Thailand.

The marking statute (19 U.S.C. 1304) requires articles of foreign origin imported into the U.S. to be marked to indicate the name of the country of origin of the article. In the case of the subject rainwear garments, the words "Made in" or "Product of" followed by the name of the appropriate country, in this case, either Taiwan or China or Thailand, would be appropriate markings. In the alternative, "Taiwan" or "China" or "Thailand" are also appropriate markings. Once the country of origin of the merchandise is indicated by using any of the appropriate markings discussed above, the inclusion of the origin of the component materials which comprise the articles is optional.

HOLDING:

The country of origin of the subject rainwear garments is either Taiwan or China or Thailand.

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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