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HQ 959604




August 13, 1996
CLA-2 RR:TC:TE 959604 jb

CATEGORY: CLASSIFICATION

Vivian Choi
P.O. Box 2131
Athens, Georgia 30612

RE: Country of origin determination for boxer shorts; 19 CFR

Dear Ms. Choi:

This is in reply to your letter dated July 31, 1996, requesting a country of origin determination for boxer shorts which will be imported into the United States. Samples were submitted to this office for examination.

FACTS:

The subject merchandise consists of a single style of men's and ladies' boxer shorts made of 100 percent cotton woven yarn dyed fabric. The manufacturing operations are as follows:

CHINA

- fabric is formed.

MACAU

- cutting of the fabric;
- sewing of the front and back rise;
- sewing of the inseams (which actually joins the leg panels together).

CHINA

- self-fabric waistband is formed by folding fabric over elastic band and sewing;
- bottom is hemmed;
- buttoning;
- trimming;
- ironing.
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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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:"

6201-6208 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.

Based on oral information received by this office, you state the subject men's and ladies' shorts are outer wear garments. Accordingly, the shorts, for men, are classified in subheading 6203.42.4050, HTSUSA, and the quota category is 347. The ladies' shorts are classified in subheading 6204.62.4055, HTSUSA, and the quota category is 348. 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.

Although there are assembly operations occurring in both Macau and China, the assembly operations occuring in China are considered minor subassemblies. Accordingly, those operations in China do not affect the status of the merchandise as wholly assembled in Macau.

HOLDING:

The country of origin of the subject men's and ladies' boxer shorts is Macau.

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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