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HQ 959500




September 5, 1996

CLA-2 RR:TC:TE 959500 NLP

CATEGORY: CLASSIFICATION

Mr. Don E. Chapman
Your Tahiti Connection
477 Kaumakani Street
Honolulu, Hawaii 96825

RE: Country of origin classification of women's pareo; 19 CFR Section 102.21(c)(4)

Dear Mr. Chapman:

This is in response to your letter of July 2, 1996, requesting a country of origin determination for women's pareos. No samples were submitted.

FACTS:

The article at issue is a women's pareo made of 35 percent cotton/65 percent polyester woven fabric. The item is a rectangular piece of cloth that measures 42 inches in width and 50 inches in length and it is used as a coverup or a wrap around skirt. The fabric is formed in either Hong Kong or Singapore and is sent in rolls to Tahiti, where the material is dyed, put on rollers, printed, cut and sewn on two ends. It is then packed for shipment to the United States.

ISSUE:

What is the country of origin of the women's pareo?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act, codified in 19 U.S.C. 3925, provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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.

Section 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile product in which the good is wholly obtained or produced in a single country, territory, or insular possession. It states the following: "The country 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.

Section 102.21(c)(2) provides for instances where the country of origin of a textile product cannot be determined under Section 102.21(c)(1). Section 102.21(c)(2) provides the following:

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:"

6210-6212 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

(2) If the good does not consist of two or more component parts, a change to heading 6210 through 6212 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6002, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.

The article at issue is classifiable in subheading 6211.43.0091, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers: Other." It consists of one component part, a rectangular piece of material. Therefore, the first tariff shift rule for heading 6211, HTSUSA, is inapplicable. The second tariff shift rule for heading 6211, HTSUSA, is also inapplicable since the change to heading 6211, HTSUSA, results from a change from either heading 5513, HTSUSA, or heading 5514, HTSUSA, and these headings are specifically excluded from the tariff shift provision. Thus, Section 102.21(c)(2) is inapplicable.

Section 102.21(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(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 embellishments (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.

The subject pareo is not knit and therefore provision (I) of Section 102.21(c)(3) is not applicable. Provision (ii) of Section 102.21(c)(3) is also not applicable because the subject pareo does not meet the definition of "wholly assembled", which requires that the good consist of at least two components.

Section 102.21(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 pareo, the most important manufacturing process occurs at the time of the fabric making. Consequently, the country of origin of the subject pareo is Singapore or Hong Kong, depending on where the fabric is formed.

HOLDING:

The country of origin of the pareo is Singapore or Hong Kong and should be marked accordingly to reflect that origin, such as "Made in Singapore" or "Made in Hong Kong".

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

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