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HQ 561263




January 29, 1999

MAR-2-05 RR:CR:SM 561263 MLR

CATEGORY: MARKING

Mr. James Pump
Magid Glove and Safety Mfg. Co., LLC
2060 North Komar Ave.
Chicago, IL 60639-3483

RE: Country of Origin Marking; Cotton Pants; 19 CFR 102.21

Dear Mr. Pump:

This is in reference to your letter dated January 5, 1999, requesting a ruling concerning the country of origin of certain cotton pants.

FACTS:

It is stated that cotton pants classifiable under subheading 6203.42.4015, Harmonized Tariff Schedule of the United States (HTSUS), will be imported from Haiti. The fabric for the pants will be purchased in China, and will be spread and cut in the Philippines. The cut components will be sewn together into pants in Haiti.

ISSUE:

What is the country of origin of the pants?

LAW AND ANALYSIS:

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported in the U.S. 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 U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 334 of the Uruguay Round Agreements Act, codified at 19 U.S.C. 3592, provides rules of origin "for purposes of the customs laws and the administration of quantitative restrictions" for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 CFR 102.21), implements section 334. The country of origin of a textile or apparel product is determined by hierarchical application of the general rules set forth in 19 CFR 102.21(c)(1) through (c)(5). A "textile or apparel product" for purposes of these rules of origin is defined in 19 CFR 102.21(b)(5), in part, as any good classifiable in Chapters 50 through 63, HTSUS. Therefore, the 19 CFR 102.21 rules of origin are applicable to the imported pants at issue here.

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 goods are not wholly obtained or produced in a single country, territory, or insular possession, 19 CFR 102.21(c)(1) is not applicable.

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."

You state that the pants will be classified in heading 6203, HTSUS. The applicable rule in 19 CFR 102.21(e) is as follows:

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.

It is indicated that the fabric will be cut in the Philippines and sewn together in Haiti to make pants. Therefore, since the components are wholly assembled in Haiti, the country of origin of the pants will be "Haiti."

HOLDING:

Pursuant to 19 CFR 102.21(c)(2), the country of origin of the pants sewn in Haiti from fabric components cut in the Phillippines is 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 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.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director
Commercial Rulings Division

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