HQ 959502 - Country of origin of T-shirts; Section 102.21(c)(2), Customs Regulations - United States International Trade Commision Rulings

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HQ 959502

September 24, 1996

CLA-RR:TC:TE 959502 CAB

CATEGORY: CLASSIFICATION

James R. Cahill
Cahill Customs Consulting, Inc.
P.O. Box 821067
South Florida, Florida 33082-1067

RE: Country of origin of T-shirts; Section 102.21(c)(2), Customs Regulations

Dear Mr. Cahill:

This is in response to your inquiry of July 13, 1996, requesting a country of origin and tariff classification determination and labeling advice for certain T-shirts. This request is on behalf of BBK International Co. Ltd. There were no samples submitted to this office for examination.

The tariff classification issue concerning Heading 9802 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) and the labeling issue will be addressed in a separate ruling by our Special Classification and Marking Branch. This ruling will address your country of origin inquiry.

FACTS:

The merchandise at issue is stated to be 100 percent knitted cotton, white, unisex T-shirts. The T-shirts will be sized medium, large, and extra large. All of the raw materials and packaging are sourced in the United States. In the alternative, all the raw materials will be sourced in the Peoples Republic of China (hereinafter China) or a combination of both the United States and China. The raw materials will then be exported to the Bahamas where they will be fully assembled into finished T-shirts.

The manufacturing process is as follows:

A. Tubular cotton fabric used for the body of the garment will come in widths of 21", 22", and 23", representing sizes medium, large, and extra large. These widths are in tubular form so the circumference will be 42", 44", and 46", respectively. Each will be cut to lengths of 30", 31", and 32".

B. The rolls of fabric used to trim the neck opening will be ribbed and one inch wide.

C. The shoulders and the back of the neck will be reinforced with an extra strip of fabric derived from the tubular fabric.

D. The cotton fabric will be knitted with weights of 145 grams per square meter, and 185 grams per square meter, and purchased by weight.

E. Neck opening and armholes are either cut in the Bahamas or the United States.

F. Sleeves are attached to the body in the Bahamas.

G. Ribbed fabric for the neck opening will be cut and sewn to the neck area.

H. Bottom of garment and sleeves will be hemmed.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

Pursuant to Section 334 of the Uruguay Round Agreements Act (codified at 19 USC Section 3592), new rules of origin were effective for textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. These rules were published in the Federal Register, 60 Fed. Reg. 46188 (September 5, 1995). Section 102.21, Customs Regulations (19 CFR Section 102.21), sets forth the general rules to determine country of origin. Thus, the country of origin of a textile product is determined by a hierarchy of rules set forth in paragraphs (c)(1) through (c)(5) of Section 102.21.

Section 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile or apparel product when the good was wholly obtained or produced in a single country, territory, or insular possession. As the subject T-shirts have not been wholly obtained or produced in a single country, territory, or insular possession, this section is inapplicable.

Section 102.21(c)(2) provides for instances where the country of origin of a textile or apparel product cannot be determined under Section 102.21(c)(1). Section 102.21(c)(2) provides, in pertinent part:

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.

Section 102.21(e) provides, in pertinent part:

Specific rules by tariff classification. 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.

From the description you provided to us, we believe that the subject T-shirts are classifiable under Heading 6109 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which is the provision for T shirts, singlets, tank tops and similar garments, knitted or crocheted. However, if it is later discovered that this description is inaccurate, the garments' classification under Heading 6109, HTSUSA, could be affected. Pursuant to Sections 102.21(c)(2) and 102.21(e), the country of origin of the subject T-shirts is the country where the unassembled component pieces are wholly assembled. Therefore, the country of origin of the T-shirts is the Bahamas.

You inquire as to whether the cutting in the United States or the Bahamas would affect the country of origin determination. In this case, the country of origin would not be affected regardless of whether the cutting is performed in the United States or the Bahamas.

You also pose the question of whether 200 grams per square meter is the maximum weight for a garment properly classifiable as a T-shirt. In Headquarters Ruling Letter 951116, dated April 24, 1992, Customs discussed the weight requirements for garments classifiable as
T-shirts under Heading 6109, HTSUSA. Customs noted that T-shirts are usually constructed of fabric weighing 130 to 200 grams per square meter. Customs specifically stated:

The above mentioned range in fabric weights, reflected in the practice within the trade, has served as a guideline for many rulings. This in effect has limited the weight of outerwear T-shirts to within the 200 grams per square meter range while trying to maintain consistent with the trade practice interpretation of the term "lightweight.

Therefore, garments exceeding 200 grams per square meter will not be properly classifiable as a T-shirt under Heading 6109, HTSUSA.

HOLDING:

The country of origin of the subject T-shirts is the Bahamas.

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 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,
John Durant, Director
Tariff Classification Appeals Division

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