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HQ 959532

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November 8, 1996

CLA-2 RR:TC:TE 959532 CAB

CATEGORY: CLASSIFICATION

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

RE: Country of origin of a babies' jumpsuit; Section 102.21(c)(4)

Dear Ms. Jacobs:

This is in response to your inquiry of July 24, 1996, requesting a country of origin determination for babies' jumpsuits pursuant to Section 102.21, Customs Regulations. Your request is on behalf of the Singapore Trade Development Board. Initially, although there were diagrams submitted, no actual samples were provided to Customs. However at Customs request, a sample was submitted for examination. Customs inspected the sample and compared it to the described manufacturing scenarios in your submission. After comparing the sample to your written request, Customs ascertained that your written submission incorrectly described certain manufacturing steps. It is imperative that written requests accurately describe the commodity at issue and all the manufacturing steps utilized to construct the finished garment. In this case, the sample clarified certain questions Customs had concerning the manufacturing of the garment. However, if Customs had not had occasion to view the sample and made a determination based solely on your description, your client could have had difficulty at the time of importation.

FACTS:

The garment at issue is primarily constructed of woven fabric. The one-piece garment contains long-sleeves, long legs, a partial front opening with a three button means of closure, and a full crotch opening which is secured by rivets and snaps. The garment also contains a front breast pocket, two back pockets, and rib knit cuffs attached to the legs and sleeves. Although you do not provide the exact sizing of the garment, Customs is of the opinion, due to the garment's overall styling and the submitted sample, that the garment is appropriately sized for babies.

There are three different manufacturing scenarios. Under the first production plan, the following manufacturing operations will be completed:

COUNTRY A

1. A pattern will be made and marked
2. Fabric produced in Hong Kong will be cut to shape 3. Front pocket will be sewn and attached 4. Back pockets will be sewn and attached 5. The left and right plackets are formed by folding and hemming the front panels; the front plackets are not separate components (submission states front placket will be sewn and attached)
6. Front rise will be sewn
7. Back rise (which constitutes the entire back seam) will be sewn
8. Shoulders will be attached

COUNTRY B

1. Inseam will be hemmed in preparation for rivets and snaps 2. Two pieces of woven fabric are sewn together to form the collar
3. Rib knit cuffs will be sewn
4. Sleeves will be attached
5. Side seams (including sleeve seams) will be sewn 6. Collar will be attached
7. Rib knit cuffs will be attached to sleeves 8. Rib knit cuffs will be sewn and attached to leg bottoms (submission states leg bottoms hemmed)
9. Buttons, rivets, and snaps will be attached 10. Garment will be washed, finished, and packed

The second production plan is as follows:

COUNTRY A

1. Pattern will be made and marked
2. Fabric, produced in Hong Kong, will be cut to shape 3. Front pocket will be sewn and attached 4. Back pockets will be sewn
5. The left and right plackets are formed by folding and hemming the front panels; the front plackets are not separate components (submission states front placket will be sewn and attached)
6. Front rise will be sewn
7. Back rise (which constitutes the entire back seam) will be sewn

COUNTRY B

1. Shoulders will be attached
2. Inseam will be hemmed in preparation for rivets and snaps 3. Two pieces of woven fabric are sewn together to form the collar
4. Rib knit cuffs will be sewn
5. Sleeves will be attached
6. Side seams (including sleeve seams) will be sewn 7. Collar will be attached
8. Sleeves will be attached
9. Rib knit cuffs will be attached to sleeves 10. Rib knit cuffs will be sewn and attached to leg bottoms (submission states leg bottoms hemmed)
11. Buttons, rivets, and snaps will be attached 12. Garment will be washed, finished and packed

The third production plan is as follows:

COUNTRY A

1. Pattern will be made and marked
2. Fabric, produced in Hong Kong, will be cut to shape 3. Front pocket will be sewn and attached 4. Back pockets will be sewn and attached 5. The left and right plackets are formed by folding and hemming the front panels; the front plackets are not separate components (submission states front placket will be sewn and attached)
6. Front rise will be sewn

COUNTRY B

1. Back rise will be sewn
2. Shoulders will be attached
3. Inseam will be hemmed in preparation for rivets and snaps 4. Two pieces of woven fabric are sewn together to form the collar
5. Rib knit cuffs will be sewn
6. Sleeves will be attached
7. Side seams (including sleeve seams) will be sewn 8. Collar will be attached
9. Rib knit cuffs will be attached to sleeves 10. Rib knit cuffs sewn and attached to leg bottoms (submission states leg bottoms hemmed)
11. Buttons, rivets, and snaps will be attached 12. Garment will be washed, finished, and packed

ISSUE:

What is the country of origin of the jumpsuit under the three different production plans?

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 is wholly obtained or produced in a single country, territory, or insular possession. As the subject garment has 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:

6209.20.5045- 6209.90.9000

(1) If the good consists of two or more component parts, a change to an assembled good of subheading 6209.20.5045 through 6209.90.9000 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 examining the diagram and the submitted sample, we believe that the subject babies' jumpsuit is classified under Heading 6209, of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Heading 6209, HTSUSA, provides for babies' woven garments and clothing accessories. Specifically, the subject garment is classifiable in subheading 6209.20.5050, HTSUSA.

Section 102.21(c)(2) is not applicable to the subject jumpsuit as is not wholly assembled in a single country.

Section 102.21(c)(3) provides for goods that have been wholly assembled (with certain enumerated exceptions) in a single country, insular possession, or territory or which are knit to shape. Section 102.21(c)(3) is thus, inapplicable to the subject merchandise as it has not been wholly assembled in a single country, insular possession, or territory, nor is it a knit to shape good.

Section 102.21(c)(4) provides the first multi-country rule. Section 102.21(c)(4), states the following:

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 Scenario 1, the most important assembly operation occurs in Country "A", in accordance with Section 102.21(c)(4). Country "A" is where the front and back pockets are sewn and attached, the left and right plackets are formed by folding and hemming the front panels, the front rise is sewn, the back rise is sewn, and the shoulders are attached. In Scenario 2, the most important assembly operation occurs in Country "B", in accordance with Section 102.21(c)(4). Country "B" is where the shoulder seams are sewn, the inseam is hemmed in preparation for the attachment of the rivets and snaps, the sleeves are attached, the side seams are sewn (including the sleeve seams), the collar is assembled and then attached, the rib knit cuffs are attached to the sleeves, and the rib knit cuffs are attached to the legs. In Scenario 3, the most important assembly operation occurs in Country "B", in accordance with Section 102.21(c)(4). It is in Country "B" where the back rise will be sewn, shoulders will be attached, the inseam is hemmed in preparation for the attachment of the rivets and snaps, the sleeves are attached, the side seams are sewn (including the sleeve seams), the collar is assembled and then attached, the rib knit cuffs are attached to the sleeves, and the rib knit cuffs are attached to the legs.

HOLDING:

The country of origin of the jumpsuit in Scenario 1 is Country "A". The country of origin of the jumpsuit in Scenarios 2 and 3 is Country "B".

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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See also:

• Tariff No.: 6209.20.50 - Babies' garments & clothing acc. nesoi, of cotton, incl. sunsuits & sim app, sets & parts of sets, & diapers, not knitted or crocheted
• Tariff No.: 6209.90.90 - Babies' garments and clothing accessories, of textile mats(except wool, cotton or mmf), cont under 70% by wt of silk or silk waste, not k/c