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HQ 962456




January 29, 1999
CLA-2 RR:CR:TE 962456 jb

CATEGORY: CLASSIFICATION

Ms. Susan Hanson
Koret of California
611 Mission Street
San Francisco, CA 94105

RE: Country of origin determination for pullover garments; section 102.21(c)(4); most important assembly

Dear Ms. Hanson:

This is in reply to your letter dated November 12, 1998, on behalf of your client Wintex Garment Factory, wherein you ask for the appropriate country of origin determination for certain women's pullover garments. Samples of the subject garment at different stages of the manufacturing process were submitted to this office for review.

FACTS:

The subject garment, referenced style 70X481, is a women's pullover upper body garment, composed of woven, crocheted and knitted fabrics, which simulates both a T-shirt and a vest. The back of the garment features one panel which is made of 60 percent cotton and 40 percent seersucker fabric, and the front of the garment is composed of two panels featuring multiple pieces (eight) of various sized patchwork segments. The back panel and the multiple component front panels are made from the same fabric. Additionally, the garment features seven crocheted patches which are sewn onto different areas of the front panels and some crocheted work in between the woven panels. Inserted into the vest component is a knitted panel with short sleeves which is made from 65 percent polyester and 35 percent cotton.

The manufacturing operations for this garment are as follows:

Macau cutting of knit and woven panels and woven patchwork pieces assembly of top shoulder parts on front panels with back panel by sewing

China crochet patches to front panels assembly between parts (patches) on front panels by hand crochet crochet around neck, front placket and bottom

Macau sewing of knit insert binding on armhole assembly of shoulder seams and side seams with the knit insert finishing ironing packing

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

The subject merchandise is classified as a women's blouse in heading 6206, HTSUS. As the subject merchandise is not wholly assembled in a single country, the terms of the tariff shift are not met.

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 to shape nor wholly assembled in a single 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 the case of the subject merchandise, the most important assembly operations occur at the time of the sewing of the top shoulder parts to the front panels with the back panel, the sewing of the knit insert, the binding on the armhole, and the assembly of the shoulder seams and side seams with the knit insert, in Macau. Accordingly, the country of origin for the subject merchandise is Macau.

HOLDING:

The country of origin for the subject merchandise, referenced style 70X481, is Macau.

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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