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HQ 961552




June 11, 1998
CLA-2 RR:CR:TE 961552 jb

CATEGORY: CLASSIFICATION

Brenda Jacobs, Esq.
Powell, Goldstein, Frazer & Murphy LLP
1001 Pennsylvania Avenue, NW
Washington, DC 20004

RE: Country of origin determination for men's suits and vests; 19 CFR Section 102.21(c)(4); tariff shift

Dear Ms. Jacobs:

This is in reply to your letter dated March 4, 1997, requesting a country of origin determination for men's suits and vests, made of either 100 percent wool, or of a wool and man-made fiber blend, which will be imported into the United States. You state that although some of the suits will consist of three components (pants, jacket and vest), this is not the case for all of the suits; some of the suits will consist only of the suits pants and suit jacket. Additionally, you state that: all of the components, that is, jackets, pants and vests, will be in the same shipment; there are more suits (i.e., pants and jackets) than there are vests. The manufacturing operations for the merchandise are described as follows (it is indicated that neither Country A or Country B is a NAFTA country, Israel or a U.S. insular possession):

We note that in your submission you make reference to a "jet" or "besom" pocket. As per our discussions, you indicate that those terms are interchangeable and are to be interpreted as referring to the interior pocket.

Scenario I

Country A

Suit Pants spread fabric and place markers cut fabric and bundle cut parts back preparation: overlock back panels, overlock rear pocket and wrap set rear besom and pocketing, stitch rear pocket wrap on pocketing, close rear pocket, turn stitch wrap on shell fly preparation: overlock fly, stitch underfly with pocketing waist lining preparation: stitch interlining, tack size tag and care label waistband preparation: stitch extended tab with waistband
front pocket preparation: overlock pocket wrap, stitch wrap onto pocket and close edge, trim, turn pocket assembly: set fly on front, set zipper, set waistband and belt loops, tack belt loops, tack hook and bar, top stitch fly

Suit Jacket spread fabric and place markers cut fabric and bundle cut parts pocket preparation: make flaps, trim and turn flaps lining preparation: join front lining with side and facing, set besom for lining and pocket, attach labels back preparation: joining back seam and joining back lining collar preparation: overedge and set undercollar felt sleeve preparation: join sleeve elbow seam and placket, join sleeve inseam, join sleeve lining to sleeve front preparation: set welt pocket, close pocket bag, set front to facing, blindstitch fell lining to facing

Country B

Suit Pants join front and back panels at outside seam, join inseam and front rise, join waistband at back seam, join backrise, blindstitch interlining of waistband

Suit Jacket match fronts to back, join front and back at side seam, seambust side seam, join front and back at shoulders, seambust shoulder seam, join lining side seam and shoulders, press lining side seams and shoulder seams, shape shoulders, close bottom, tack shell and lining at side seam, match collar, prepare hanging loop, set collar, trim lapel, under press lapel, jumpbaste under collar, inspect collar, shoulder and side seams, match sleeves, set sleeves, under press armhole, prepare sleeve felt and canvas, set sleeve felt to sleeve, sleeve inspect, notch and under press sleeve head, jumpbaste sleeve head, set shoulder pad to sleeve, tack shoulder pad to lining, tack sleeve with lining, trim, turn, inspect

Country A

Suit Pants and Jacket buttonhole, button sew, press

Scenario II

Country A

Suit Pants spread fabric and place markers cut fabric and bundle cut parts back preparation: overlock back panels, overlock rear pocket and wrap, set rear jet and pocketing, stitch rear pocket, wrap on pocketing, close rear pocket, turn stitch wrap on shell fly preparation: overlock fly, stitch underfly with pocketing waist lining preparation: stitch interlining, tack size tag and care label waistband preparation: stitch extended tab with waistband front pocket preparation: overlock pocket wrap, stitch wrap onto pocket and close edge, trim, turn pocket assembly: join front and back panels at outside seam, join front pockets with front panels

Suit Jacket spread fabric and place markers cut fabric and bundle cut parts pocket preparation: make flaps, trim and turn flaps lining preparation: join front lining with side and facing, set besom for lining and pocket, attach labels back preparation: joining back seam and back lining collar preparation: overedge and set undercollar felt sleeve preparation: join sleeve elbow seam and placket, join sleeve inseam, join sleeve lining to sleeve front preparation: set welt pocket, close pocket bag, set front to facing, blindstitch fell lining to facing

Country B

Suit Pants set fly on front, set zipper, set waistband and belt loops, tack belt loops, tack hook and bar, top stitch fly, join inseam and front rise, join waistband at back seam, join backrise, blindstitch interlining of waistband

Suit Jacket match fronts to back, join front and back at side seam, seambust side seam, join front and back at shoulders, seambust shoulder seam, join lining side seam and shoulders, under press lining side seams and shoulder seams, shape shoulders, close bottom, tack shell and lining at side seam, match collar, prepare hanging loop, set collar, trim lapel, under press lapel, jumpbaste under collar; inspect collar, shoulder and side seams; match sleeves, set sleeves, under press armhole, prepare sleeve felt and canvas, set sleeve felt to sleeve, sleeve inspect, notch and under press sleeve head, jumpbaste sleeve head, set shoulder pad to sleeve, tack shoulder pad to lining, tack sleeve with lining, trim, turn, inspect

Country A
Suit Pants and Suit Jacket buttonhole, button sew, press

Scenario III

Country A

Suit Pants spread fabric and place markers cut fabric and bundle cut parts back preparation: overlock back panels, overlock rear pocket and wrap, set rear besom and pocketing, stitch rear pocket wrap on pocketing, close rear pocket, turn stitch wrap on shell fly preparation: overlock fly, stitch underfly with pocketing waist lining preparation: stitch interlining, tack size tag and care label waistband preparation: stitch extended tab with waistband front pocket preparation: including overlock pocket wrap, stitch wrap onto pocket and close edge, trim, turn pocket assembly: join front and back panels at side seams, join front pocket with front, set left fly on front

Suit Jacket spread fabric and place markers cut fabric and bundle cut parts pocket preparation: make flaps, trim and turn flaps lining preparation: make lining back preparation: joining back seam collar preparation: overedge and set undercollar felt sleeve preparation: join sleeve elbow seam and placket, join sleeve inseam, join sleeve lining to sleeve front preparation: set welt pocket, close pocket bag, set front to facing, blindstitch fell lining to facing join front to back at side seam, seambust side seams

Country B

Suit Pants set zipper and right fly, set waistband and belt loops, tack belt loops, topstitch fly, join inseam and front rise, join waistband at back seam, join backrise

Suit Jacket join front and back at shoulders, seambust shoulder seam, shape shoulders, close bottom, tack shell and lining at side seam, match collar, prepare hanging loop, set collar, trim lapel, under press lapel, jumpbaste under collar; inspect collar, shoulder and side seams; match sleeves, set sleeves, under press armhole, prepare sleeve felt and canvas, set sleeve felt to sleeve, sleeve inspect, notch and under press sleeve head, jumpbaste sleeve head, set shoulder pad to sleeve, tack shoulder pad to lining, tack sleeve with sleeve lining, trim, turn, inspect

Country A
Suit Pants and Suit Jacket buttonhole, button sew, press

Scenario IV

Vest

Country A spread fabric and place markers, cut fabric, bundle cut parts front preparation: sew front darts, set front pockets, set front to front facing, set lining to facing back preparation: sew back darts with back belt, set back lining to back back center seam sewn

Country B join front to back at shoulders, join front to back at side seams

Country A buttonhole, button sew, press

ISSUE:

What is the country of origin of the submitted 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.

As the subject merchandise in not wholly assembled in a single country, the terms of the tariff shift are not met. As such, we proceed to paragraph (c)(3). 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 merchandise is not knit to shape and assembly operations occur in more than one country, paragraph (c)(3) is inapplicable.

Paragraph (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 scenarios I through III, the assembly operations which occur in country B constitute the most important assembly operations. However, in the case of scenario IV, the vest, the operations occurring in Country A and B are equally important. The operations occurring in Country A, where the darts are sewn onto the panels, combined with operations such as the setting of the pockets and setting the linings to the front and back panels, are as important in establishing the identity of that garment as the actual joining of the front and back panels at the shoulders and side seams. As such we proceed to 102.21(c)(5).

Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2), (3), or (4) of this action, the country of origin of the good is the last country, territory, or insular possession in which an important assembly or manufacturing process occurred. As such, in the case of the subject vests, the country of origin of the subject merchandise is Country B.

HOLDING:

The country of origin of the subject merchandise, the suit pants, jackets and vests, is Country B.

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

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