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HQ 960477




July 17, 1997

CLA-2 RR:TC:TE 960477 jb

CATEGORY: CLASSIFICATION

Mr. Eduardo Acosta
R.L. Jones Customhouse Brokers
2215 Paseo De Las Americas #30
San Diego, CA 92173

RE: Country of origin determination for a ballistic resistant vest; Section 102.21(c)(4); most important manufacturing process

Dear Mr. Acosta:

This is in reply to your letter dated March 21, 1997, on behalf of your client, Total Quality Manufacturing Inc., requesting a country of origin determination and marking exemption for a ballistic resistant vest which will be imported into the United States. A sample was submitted to this office for examination.

FACTS:

The subject merchandise consists of ballistic resistant vest which is made up of a front and back panel attached together by means of external hook and loop type fasteners. The manufacturing process is as follows:

United States polyester/cotton fabric is sourced and cut into component pieces other materials are sourced including hook and loop type fasteners, elastic, ballistic resistant material and metal plate

Mexico outer shell is sewn

United States cutting and laminating ballistic resistant materials inserting and sewing the ballistic resistant material into the vest quality inspection packaging

We note that although some of the processing of the subject vest occurs in Mexico, you did not ask us to determine whether the vest is eligible for preferential treatment under the North American Free Trade Agreement (NAFTA). If you would like us to address any issues under the NAFTA, you will need to submit another ruling request.

ISSUE:

1. What is the country of origin of the subject merchandise?

2. Whether the subject merchandise is exempt from marking requirements?

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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.

Section 102.21(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 neither wholly obtained or produced in a single country, section 102.21(c)(1) is not applicable.

Section 102.21(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."

Section 102.21(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":

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.

The subject merchandise is classified in heading 6211, Harmonized Tariff Schedule of the United States (HTSUS). Although the vest consists of two or more component parts, it is not wholly assembled in a single country. As such, the terms of section 102.21(e) are 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; 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 also not applicable.

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 merchandise the most important manufacturing process occurs at the time the metal plate is inserted and sewn into the vest in the United States. The identity of this particular merchandise becomes unique once the metal plate is inserted. Without the metal plate the vest would not serve its intended purpose, that is to deflect bullets from the wearer. The vest serves no other function than as a means by which the metal plate is carried/held in place. Accordingly, the country of origin of the subject ballistic vest is the United States.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. 1304. Whether an article may be marked as "Made in the USA" is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

HOLDING:

The country of origin of the subject ballistic vest is the United States.

The vest is not subject to the country of origin marking requirements of 19 U.S.C. 1304.

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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