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HQ 959991





January 27, 1997

CLA-2 RR:TC:TE 959991 jb

CATEGORY: CLASSIFICATION

Louisa Lam
Tak Lei Si
Av. Venceslau de Morais 11
13 Andar B Edif. Ind. Kin IP
Macau

RE: Country of origin determination for men's jacket and pants; 19 CFR ?102.21(c)(4); most important assembly or manufacturing process

Dear Ms. Lam:

This is in reply to your letter, dated November 22, 1996, received by fax, requesting a country of origin determination for a men's jacket and pants which you refer to as a suit, which will be imported into the United States. Although no samples were submitted to this office, an illustration of the garments was provided for examination.

FACTS:

The subject garment, referenced style number 17754411, has the appearance of a track suit and consists of a men's jacket and pants, made of 100 percent nylon with a 100 percent polyester mesh lining. The jacket features a full front zippered opening, an embroidered logo on the front and back panels, two side pockets with zippers, long sleeves with elastic cuffs, and an elastic bottom. Additionally, the jacket appears to be of multi- pieced construction with fabric stripes sewn diagonally across the three front panels and two back panels as overlays. The pants feature two side seam pockets, an elastic waistband and elastic leg bottoms, two side zippers at the leg bottoms, and a drawcord along the waistband for tightening. The manufacturing operations are as follows:

TAIWAN

- nylon fabric is formed;
- polyester mesh fabric is formed.

CHINA (part I)
jacket-
- fabric is cut into component pieces;
- logo is embroidered;
- collar is sewn;
- elastic bottom is sewn;
- elastic cuffs are sewn;
- pockets are sewn;
- back panels are assembled (made up of two back panels with two fabric strip overlays);
- front panels are assembled (made up of two panels on the right side and one panel on the left side with fabric strip overlays);
- sleeves are assembled (made up of a multi-pieced left sleeve and a right sleeve with fabric overlay).
pants-

-fabric is cut into component pieces;
- pockets are sewn.

MACAU (part I)
jacket shell and lining are each made separately - front and back panels are joined at the shoulder seams;
- sleeves are set;
- side seams are sewn.
pant shell and lining are each made separately - front and back rise are sewn;
- side seams are sewn;
- crotch is sewn;
- inseams are sewn.

CHINA (part II)
jacket-

- collar is set to body;
- elastic cuffs are sewn on to the sleeves; - shell and lining are joined;
- elastic bottom is sewn on to the front and back panel;
- front zipper is sewn;
- pocket zippers are sewn.
pants-

- shell and lining are joined;
- elastic waistband is sewn;
- elastic bottoms are sewn;
- side zippers are sewn on to leg bottoms; - top stitching is sewn on to side seams and side pockets.

MACAU (part II)

- labels are sewn;
- ironing and packing.

ISSUE:

What is the proper country of origin for 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.

6210-6212 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.

Track suits are classified in heading 6211, Harmonized Tariff Schedule of the United States (HTSUS). Men's jackets and pants are classified in headings 6201 and 6203, HTSUS, respectively. Although you refer to the subject merchandise as a "suit" you did not submit enough information in your letter to indicate whether these garments are intended to be "track suits" or separates. In order for these garments to be classified as track suits they must clearly be worn exclusively or mainly in the pursuit of sporting activities. As this information was not provided, we cannot make an assumption as to the correct classification of this merchandise. However, for country of origin purposes, the tariff shift rule for headings 6211, 6201 and 6203, HTSUS, requires that garments consisting of two or more component parts, be wholly assembled. In the case of the subject garments, important assembly operations occur in both China and Macau. As such, section 102.21(c)(2) is not applicable.

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;

(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 single 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, territory, or insular possession, Section 102.21(c)(3) is inapplicable.

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 garments the most important assembly process occurs at the time the shell and lining of both the jacket and pants are each made separately. Accordingly, the country of origin of the subject merchandise is the country in which those operations occur, that is, Macau.

HOLDING:

The country of origin of the subject men's jacket and pants, referenced style number 17754411, is Macau.

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, 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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