HQ 959821 - Country of origin determination for women's knit garments; 19 CFR ?102.21(c)(2); tariff shift - United States International Trade Commision Rulings

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HQ 959821

October 24, 1996
CLA-2 RR:TC:TE 959821 jb

CATEGORY: CLASSIFICATION

William Ortiz
S.J. Stile Associates Ltd.
153-66 Rockaway Boulevard
Jamaica, NY 11434

RE: Country of origin determination for women's knit garments; 19 CFR ?102.21(c)(2); tariff shift

Dear Mr. Ortiz:

This is in reply to your letter dated September 27, 1996, on behalf of Crystal/Kobe Ltd., requesting a country of origin determination for women's knit garments which will be imported into the United States. Samples were submitted to this office for examination.

FACTS:

The submitted merchandise consists of two styles of women's knit garments. The first style, referenced style number 32118, is made of 60 percent cotton and 40 percent polyester knit fabric and the second style, referenced style number 3806, is made of 100 percent cotton knit fabric. The manufacturing operations for both these styles are as follows:

CHINA

- knit fabric is formed;
- knit fabric is cut into component pieces.

JAMAICA

- component pieces, including shoulder pads sourced in Hong Kong, are sewn into completed garments;
- garments are washed and packaged for export.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 of the 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 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 merchandise is classified in heading 6110, Harmonized Tariff Schedule of the United States (HTSUS). As the subject knit garments are not knit to shape, consist of two or more component parts and are wholly assembled in a single country, Jamaica, the country of origin is Jamaica.

HOLDING:

The country of origin of the subject women's knit garments, referenced style numbers 32118 and 3806, is Jamaica.

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 sections states that a 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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