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HQ 959695




September 17, 1996
CLA-2 RR:TC:TE 959695 jb

CATEGORY: CLASSIFICATION

Ron Hodge
F.H. Kaysing Co. of Wichita
P.O. Box 12497
Wichita, KS 67277

RE: Country of origin determination for men's lightweight vest; 19 CFR ?102.21(c)(2); tariff shift

Dear Mr. Hodge:

This is in reply to your letter dated August 5, 1996, on behalf of your client, Coleman Co., Outdoor Products Division, requesting a country of origin determination for a men's lightweight vest which will be imported into the United States.

FACTS:

The subject merchandise is an open back lightweight vest, made of a 100 percent nylon fabric of open work knit construction, and features vertical zippered pockets at the sides, one woven pocket on the left side, one knit expandable pocket on the right side and two deep horizontal pockets on either side of the vest. There are adjustable neck and waist straps and a small adjustable plastic snap closure on the front of the vest. The classification of this merchandise in subheading 6114.30.3070, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), was addressed in New York Ruling Letter (NY) A86155, dated August 26, 1996.

The manufacturing operations for the subject vest are as follows:

KOREA

- fabric is formed.

PHILIPPINES

- fabric is cut into component pieces;
- pockets are sewn;
- garment is hemmed;
- straps, zipper and plastic fasteners (sourced in the Philippines) are attached;
- complete assembly of the garment.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

As indicated in NY A86155, the subject merchandise is classifiable in heading 6114, HTSUS. As the subject merchandise is not knit to shape, consists of multiple component parts and is 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 men's lightweight vest 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,


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