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HQ 961048




March 3, 1998
CLA-2 RR:TC:TE 961048 jb

CATEGORY: CLASSIFICATION

Harold I. Loring, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-3397

RE: Country of origin determination for a men's shirt; 19 CFR

Dear Mr. Loring:

This is in reply to your letter dated October 6, 1997, on behalf of your client, Guess? Inc., requesting a country of origin determination for men's woven shirts which will be imported into the United States. A sample was submitted to this office for examination.

FACTS:

The submitted merchandise, referenced style number M9183, consists of a men's woven shirt composed of 53 percent cotton and 47 percent rayon fabric. The shirt features a full front button opening, button down collar, long sleeves with plackets, cuffs with single button closure, breast pocket with single button closure, and a back yoke. The manufacturing operations are as follows:

China cutting of fabric into component parts patch pocket assembled and attached to left front panel logo label attached cuffs subassembled buttons attached, button holes sewn labels (including size, content and origin) are attached to collar or yoke yoke attached to back panel collar subassembled front plackets are attached to front panels buttons attached, button holes are sewn sleeve plackets are subassembled buttons attached, button holes are sewn

Russia front panels are sewn to back panel at the shoulder seams sleeves are sewn together cuffs are joined to the sleeves sleeves are attached to the shirt care label is attached to side seam side seams of shirt are sewn collar is attached to shirt

China hemming, inspection, ironing and packing

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 Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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":

6201-6208 (1) 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 men's woven shirt in heading 6205, 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 assembly operations occur in both China and Russia, the subject shirt is not wholly assembled in a single country. Accordingly Section 102.21 (c)(2) is inapplicable.

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, 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 the assembly operations in Russia, that is, where the front panels are sewn to the back panel at the shoulder seams, the collar is attached to the shirt, the sleeve panels are sewn together, the cuffs
are sewn to the sleeves, the sleeves sewn to the body, and side seams are sewn, constitute the most important assembly operations. Accordingly, the country of origin of the subject merchandise is Russia.

HOLDING:

The country of origin of the subject men's shirt is Russia.

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
Commercial Rulings Division


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