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HQ 959688




October 24, 1996
CLA-2 RR:TC:TE 959688 jb

CATEGORY: CLASSIFICATION

Liza Wong
Jeanne Pierre
1410 Broadway
New York, NY 10018

RE: Country of origin determination for a women's jacket; 19 CFR

Dear Ms. Wong:

This is in reply to your letter dated August 16, 1996, requesting a country of origin determination for a women's jacket which will be imported into the United States. A sample of the completed garment and its component pieces were submitted to this office for examination.

FACTS:

The subject merchandise consists of a 100 percent woven cotton jacket with a 100 percent polyester lining. The garment features a five button front closure, a removable hood (by way of a zipper) with drawstring closure, two front pockets with one button closure, epaulettes with one button closure, two button closure at the cuffs, tabs at the cuffs with a one button closure, and a self-fabric belt.

The manufacturing operations are as follows:

COUNTRY B

- cotton fabric is formed;
- polyester lining is formed;
- making up of collar, including the sewing of the zipper (for joining with detachable hood);
- making up of detachable hood, including the sewing of the zipper (for joining with the collar) and the attachment of the drawstring; - making up of front plackets and sleeve plackets; - sewing of the sleeve plackets to the sleeve panels; - sleeve straps are made;
- making up of cuffs, including the sewing of the sleeve straps on the cuffs;
- the making up of front and back panels, including the sewing of front yokes to the front panels and back yoke to the back panel, joining of the two separate fabrics to form the front panels and back panel, pockets to the front panels, front plackets to the front panels, and pleats to the back panel;
- self-fabric belt is made;
- epaulettes are made;
- front lining panels are made, including the sewing of pockets to the lining panels;
- back lining panels are made;
- label and hanger loop are attached to the back panel.

COUNTRY A

- assembly of the outer shell, including: - front and back panels are joined at the shoulders; - sleeve panels are sewn to the front and back panels at the armhole;
- side seams of sleeve panels are closed to form sleeves;
- side seams joining front and back panels are closed; - cuffs are sewn to sleeve panels;
- collar is sewn to front and back panels; - assembly of the inner lining, including: - facings are sewn to front lining panels; - front and back lining panels are joined at the shoulders;
- sleeve lining panels are sewn to front and back lining panels at the armhole;
- side seams of sleeve lining panels are closed to form sleeve linings;
- side seams joining the front and back lining panels are closed;
- outer shell and inner lining are joined to form the completed jacket.

We assume for the purposes of this letter that any reference to Country A or Country B does not include Israel or a NAFTA party.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) 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:"

6201-6208 If the good consists of two or more component parts, a change to an assembled good of heading 6201 through 6208 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 merchandise is classifiable as a women's jacket in heading 6202, Harmonized Tariff Schedule of the United States (HTSUS). 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.

As the subject merchandise is assembled in both Country B and Country A, it is not wholly assembled in a single country as per Section 102.21 (c)(2).

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.

As the subject merchandise is neither knit to shape, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "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 merchandise, assembly occurs in both Country B and Country A. It is the opinion of this office that in regard to the subject garment the most important assembly occurs at the time of the assembly of the outer shell, including the joining of the front and back panels at the shoulders, the joining of the sleeve panels to the front and back panels at the armhole, the closing of the side seams of the sleeve panels to form the sleeves, the closing of the side seams to join the front and back panels, the sewing of the cuffs to the sleeve panels, the sewing of the collar to the front and back panels, the assembly of the inner lining, including sewing the facings to the front lining panels, the joining of the front and back lining panels at the shoulders, the sewing of the sleeve lining panels to the front and back lining panels, the closing of the side seams of the sleeve lining panels to form the sleeve linings, the closing of the side seams joining the front and back lining panels, and the joining of the outer shell and the inner lining.

HOLDING:

The country of origin of the subject women's jacket, referenced style 7912, is Country A.
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 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

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