NY 808430 - The Country of origin determination of brassieres; 19 CFR 12.130 - United States International Trade Commision Rulings

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NY 808430

July 20, 1995

CLA-2-62:S:N5:354 808430

CATEGORY: CLASSIFICATION

Mr. Robert B. Silverman
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, NY 10067-0002

RE: The Country of origin determination of brassieres; 19 CFR 12.130

Dear Mr. Silverman:

This is in response to your letters of March 22, and May 16, 1995, on behalf of your client, Gelmart Industries Inc, requesting the country of origin and marking determinations on certain brassieres. On December 15, 1994, this office issued your firm a New York Ruling Letter NY 804443 to determine the country of origin for brassieres where all the major components were cut and assembled in either Haiti or the Dominican Republic. We held that the styles at issue were substantially transformed in either of those two countries pursuant to Section 12.130 of the Customs Regulations (19 CFR 12.130).

You now indicate that all the information provided in the first ruling request remains the same except that the side panels (of powernet fabric) will be cut in the Philippines. In the previous ruling request (NY 804443) you indicate that the nylon tricot fabric, lace fabric, narrow lace fabric, narrow elastic fabric and foam filler for the bra cups will shipped to either the Dominican Republic or Haiti in continuous rolls. You have also indicated that no lines of demarcation will be on this fabric when it is imported into either the Dominican Republic or Haiti.

In the present scenario, the nylon fabric, lace fabric and foam filler for the cups will be cut to shape in the Dominican Republic or Haiti. Additionally, portions of the narrow lace fabric and narrow elastic fabric will be cut from the continuous rolls as the brassieres are assembled into a finished garment. The shoulder straps will be made in the Philippines, and the accessories underwire, rings hooks and eyes may be sourced from the U.S., France, the Philippines or other countries.

ISSUE

What is the country of origin and consequent marking for the garments at issue?

LAW and ANALYSIS

Section 12.130 (e) (1) provides that an article or material usually will be a product of a particular foreign territory or country, or insular possession of the United States, when, prior to importation into the United States, it has undergone in that foreign territory or country or insular possession, any of the following: (i) Dyeing of fabric and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; (ii) Spinning fibers into yarn; (iii) Weaving, knitting or otherwise forming fabric; (iv) Cutting of fabric into parts and the assembly of those parts into the completed article; or (v) substantial assembly by sewing and/or tailoring of all cut pieces . . . [emphasis added]

As stated above, an article will be deemed a product of a particular country if, in that country, it undergoes a substantial manufacturing operation or process and it thereby becomes a new and different article of commerce. If these criteria are met in a particular country the product is said to have undergone substantial transformation and that country will confer country of origin status to the subject merchandise for purposes of 19 CFR 12.130 of the Customs Regulations.

Section 12.130 (e) (1) (iv) (v) states that for purposes of determining country of origin, an article usually will be a product of a particular foreign country where it has undergone "cutting of fabric and the assembly of these parts into the completed article," or "substantial assembly by sewing ... of all cut parts." In the instant case, these criteria are satisfied in the Dominican Republic or Haiti; it is in either country that most of the cutting for the brassieres takes place (with the exception of the side panel) and it is here that all of the cut parts are sewn and assembled into completed articles. Accordingly, based upon the situation described you have satisfied the requirements outlined by this section.

Pursuant to 19 CFR 12.130, the country of origin of these imported brassieres for country of origin, marking, tariff and quota purposes will be the Dominican Republic or Haiti.

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 177.9(b)(1). Customs Regulations (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 connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication is accurate and complete in every material respect. Should it subsequently be 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, it is recommended that a new ruling request be submitted in accordance with section 177.2, Customs Regulations (19CFR 177.2).

Sincerely,

Jean F. Maguire
Area Director

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