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HQ 959464




July 25, 1996

CLA-2 RR:TC:TE 959464 NLP

CATEGORY: CLASSIFICATION

TARIFF NO: 6109.10.0005

Mr. Irwin A. Seltzer
H.Z. Bernstein Co., Inc.
2975 Kennedy Blvd.
Jersey City, NJ 07306

RE: Country of origin determination for T- shirts; 19 CFR Section 102.21(c)(2) and (e)

Dear Mr. Seltzer:

This is in response to your letter dated April 8, 1996, on behalf of your client, USA Timing Enterprise Inc., requesting a ruling on the country of origin, classification and applicable quota category for a cotton knit T-shirt. A sample was submitted for our examination.

FACTS:

The sample is a man's all white T-shirt constructed from 100 percent cotton, finely knit, jersey fabric. The garment features a rib knit crew neckline, short, hemmed sleeves and a hemmed bottom. The fabric for the T-shirt is knit and cut in China. The component pieces are assembled into the completed T-shirt in either the Dominican Republic or Haiti.

ISSUE:

What is the country of origin of the subject T-shirt?

What is the tariff classification of the subject T-shirt?

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 Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 T-shirt is classifiable in subheading 6109.10.0005, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton: Men's or boys': Underwear: T-shirts, all white, short hemmed sleeves, hemmed bottom, crew or round neck-line, without pockets, trim or embroidery." In this instance, the subject garment is not knit to shape, consists of more than two component parts and is wholly assembled in a single country, that is, either the Dominican Republic or Haiti. Therefore, in accordance with Section 102.21(c)(2) and Section 102.21(e), the country of origin of the subject garment is either the Dominican Republic or Haiti.

HOLDING:

As stated above, the T-shirt is classifiable in subheading 6109.10.0005, HTSUS. The applicable duty rate is 20.1 percent ad valorem and the textile category code is 352.

The country of origin for the T-shirt is the Dominican Republic or Haiti, i.e., the single country in which it is wholly assembled.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international and bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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 recommended that a new ruling request be submitted in accordance with 19 C.F.R. Section 177.2.

Sincerely,

John Durant, Director
Tariff Classification Appeals

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