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HQ 958669

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May 21, 1996
CLA-2 RR:TC:TE 958669 NLP

CATEGORY: CLASSIFICATION

Brenda A. Jacobs, Esq.
Powell, Goldstein, Frazer & Murphy
1001 Pennsylvania Avenue, N.W.
Washington, D.C. 20004

RE: Country of origin determination for men's pants; 19 CFR section 102.21(c)(4); most important assembly;

Dear Ms. Jacobs:

This is in reply to your letter of November 20, 1995, on behalf of your client, the Singapore Trade Development Board, requesting a country of origin determination for men's jogging and basic pants which will be imported into the United States on or after July 1, 1996. No samples were submitted to this office for examination

FACTS:

The subject merchandise consists of two pair of pants. The first pair is jogging pants which will be composed of a knit fabric and includes an elasticized waist band, a back patch pocket and ribbed cuffs at the bottom of each leg of the pants. The fabric is of Taiwanese origin. The manufacturing operations are as follows:

PRODUCTION PLAN FOR THE JOGGING PANTS:

Country B
pattern design; marked to pattern;

Country A
fabric is cut to pattern; pocket patch will be sewn to the back panel; rise sewn; outer side leg seam sewn; side pockets sewn;
Country B
inseam will be assembled; separate ribbed cuffs are sewn to the bottom of each pant leg; waistband will be attached to the front and back panels; quality control; pressing and packing

The second pair of pants at issue is a knit pant with two side pockets and a patch pocket on the back. The fabric is of Taiwanese origin. Two productions plans were provided for these pants. The manufacturing operations are as follows:

PRODUCTION PLAN 1

Country B
pattern design marked for cutting

Country A
fabric is cut to pattern; patch pocket is sewn to a back panel; rise is sewn

Country B
side seams are assembled; side pockets are attached; in-seam is assembled; waistband attached to the front and back panels; pants are hemmed; quality control; pressing and packing

PRODUCTION PLAN II:

Country B
pattern design; marked for cutting

Country A
fabric is cut to pattern; rise is sewn; side seams are sewn; patch pocket and side pocket are attached to a back panel

Country B the in-seam is assembled; waistband attached to the front and back panels; pant legs hemmed; quality control; pressing and packing

ISSUE:

What is the county 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 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 (1) 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 in heading 6103, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, men's knitted trousers. 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 embellishment (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 pants will be assembled in more than one country, they are not wholly assembled in a single country as per Section 102.21(c)(2).

Section 102.21 (c)(3) does not provide the relevant country of origin analysis inasmuch as the subject garments are not knit to shape goods and, as stated above, they did not undergo assembly in a single country, territory, or insular possession.

Section 102.21 (c)(4) states "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred". In the case of the subject merchandise, assembly occurs in both Country A and Country B. It is the opinion of this office that concerning the country of origin of the jogging pants, the most important assembly occurs in Country A, where the patch and side pockets are sewn and the rise and outer leg seams are sewn. In production plan I for the basic knit pants, the most important assembly occurs in Country B, where the side seams and in-seams are assembled and the side pockets are attached. In production plan II for the knit pants, the most important assembly occurs in Country A, where the patch and side pockets are sewn, the rise is sewn and the side leg seams are sewn.

HOLDING:

The country of origin of the subject's men's jogging pants is Country A.

The country of origin for the basic knit pants, in production plan I, the country of origin is Country B. In production plan II, the county of origin of the subject men's basic knit pants is Country A.

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 respect.

Should it be subsequently determined that the information furnished is not complete and does not comply with 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 recommend that a new ruling request be submitted in accordance with 19 CFR 177.2

Sincerely,

John Durant, Director
Tariff Classification Appeals
Division

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