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HQ 959437




February 19, 1997

CLA-2 RR:TC:TE 959437

CATEGORY: CLASSIFICATION

Ms. Angel L. Cooper
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: Country of origin determination for ski suit pieces; 19 CFR 102.21

Dear Ms. Cooper:

This is in response to your letter dated July 1, 1996, on behalf of your client, Louis Garneau Sports, Inc, requesting a country of origin determination for ski suit pieces. Samples of the fabric in each stage of production were submitted for our examination.

FACTS:

The articles at issue are ski suit pieces that are made of knit lycra and polyester foam and are printed on one side.

The manufacturing operations are as follows:

Italy
Knit lycra material is formed and put on rolls

Canada
100 percent polyester foam is formed
Lamination of two layers of lycra with the polyester foam by a heat process
Prints are designed
Printing of the laminated lycra
Fabric is cut into ski suit pieces

ISSUE:

What is the country of origin of the ski suit pieces?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act, codified in 19 U.S.C. 3925. Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 knit ski suit pieces are classified in subheading 6117.90, HTSUS.
They are not knit to shape and consist of two component parts. However, the change to a good of heading 6117, HTSUS, does not occur as a result of the good being wholly assembled from unassembled components in a single country. The change to heading 6117, HTSUS, occurs when the fabric, which is already formed by laminating lycra and foam together, is cut into the ski suit pieces. Therefore, 102.21(c)(2) and (e) is not applicable here.

Paragraph (c)(3) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

Section 102.21(c)(3) does not provide the relevant country of origin analysis in the instant case. First, the article is not knit to shape. Second, while the subject goods, the ski suit pieces, are not classified in a heading excepted from section 102.21(c)(3)(ii), the assembly does not result in the ski suit pieces of heading 6117, HTSUS, it results in the fabric that will be cut into the ski suit piece. Thus, it is the fabric that is wholly assembled and the change to ski suit pieces of heading 6117, HTSUS, is the result of a cutting operation, not an assembly. Therefore, Section 102.21(c)(3) is not applicable in this case either.

Paragraph (c)(4) states that, "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 garment pieces, the most important manufacturing operation occurs at the time of the fabric formation. We do not consider the laminating that occurs in Canada to be a fabric making process. Therefore, the fabric formation for this merchandise occurs in Italy and that is the country of origin for the subject ski suit pieces.

HOLDING:

The country of origin of the ski-suit pieces is Italy.

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 C.F.R. 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 C.F.R. 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 C.F.R. ?177.2.

Sincerely,

John Durant, Director
Tariff Classification Appeals
Division

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