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HQ 959607



September 3, 1996
CLA-2 RR:TC:TE 959607 CAB

CATEGORY: CLASSIFICATION

Ms. Danielle M. Caggiano
Riviera Sales Corporation
62 Mt. Prospect Avenue
Clifton, NJ 07013

RE: Country of origin of swimsuits; Section 102.21(c)(2), Customs Regulations

Dear Ms. Caggiano:

This is in response to your inquiry of July 19, 1996, regarding country of origin labeling requirements for certain swimsuits. There were no samples submitted for examination. You provided additional factual information by telephone to Customs personnel.

FACTS:

The merchandise at issue consists of women's and girls' swimsuits. There are three different manufacturing operations which are as follows:

SCENARIO I

Fabric is knit in Canada
Knit fabric is transported to the United States where it is cut into garment pieces
Cut pieces are exported to Mexico or the Dominican Republic where they are fully assembled into the finished swimsuit

SCENARIO II

Fabric is knit and cut in the United States Garment pieces are transported to Mexico or Dominican Republic where they are fully assembled into the finished swimsuit

SCENARIO III

The fabric used for the back of the swimsuit which is comprised of solid color fabric is knit in Canada
The print fabric used for the remainder of the swimsuit is knit in the United States
All of the fabric is cut in the United States The cut garment pieces are exported to Mexico or Dominican Republic for full assembly into the finished swimsuit

ISSUE:

What is the country of origin for the subject merchandise?

LAW AND ANALYSIS:

Pursuant to Section 334 of the Uruguay Round Agreements Act (codified at 19 USC Section 3592), new rules of origin were effective for textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996.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 is 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 was wholly obtained or produced. As the subject swimsuits have not been wholly obtained or produced in a single country, this section 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 Section 102.21(c)(1). Section 102.21(c)(2) provides, in pertinent part:

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) provides, in pertinent part:

Specific rules by tariff classification. 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 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.

Based on the additional verbal information provided to Customs, we believe that the subject swimsuits are classifiable under Heading 6112 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Pursuant to Sections 102.21(c)(2) and 102.21(e), the country of origin of the subject swimwear is the country where the unassembled component pieces are wholly assembled. Therefore, in all three scenarios, the country of origin is either Mexico or the Dominican Republic.

With respect to your request as to advice on the country of origin labeling requirements for the subject merchandise, Customs recently ruled in Headquarters Ruling Letter (HRL) 559625, dated January 19, 1996, that the origin rules set forth in Section 334 of the URAA govern the labeling requirements of textile and apparel products for purposes of the country of origin marking requirements of 19 USC 1304. Therefore, the subject bathing suits may be marked (depending on the country of assembly) in a manner such as the following: "Mexico", or "Dominican Republic", or "Assembled in Mexico", or "Assembled in Dominican Republic", or "Made in Mexico", or "Made in Dominican Republic".

HOLDING:

The country of origin of the subject swimwear in all three scenarios is either the Dominican Republic or Mexico.

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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