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June 2, 1999

CLA?2?61:RR:NC:TA:361 E80745

CATEGORY: COUNTRY OF ORIGIN

Mr. Norman Fox
President
Eastern Trading Group
P.O. Box 2023
New York, NY 10021

RE: Country of Origin determination for a woman's knit garment; 19 CFR 102.21(c)(5); last important assembly or manufacturing process.

Dear Mr. Fox:

This is in reply to your letter dated April 10, 1999, requesting a country of origin determination for a woman’s knit garment. The sample will be returned, as you requested.

FACTS:

The subject merchandise is a woman’s knit pullover which you have referred to as sleepwear. The approximately knee length garment has the appearance of a long t-shirt, and is constructed from 100% cotton knit fabric. You have indicated that you are only interested in a country of origin determination at this time.

You have described the manufacturing operations for the garment as follows:

TURKEY o Fabric is manufactured o Fabric is cut into component pieces o The front and back panels are attached at the shoulders o The rib knit collar is attached at the neckline

BULGARIA o Sleeves are set to the body and sewn o Side seams are sewn o Sleeves and bottom of the garment are hemmed ISSUE:

What is the country of origin of the garment?

COUNTRY OF ORIGIN ? 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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”: 6101–6117: (1) If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

(2) If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric?making process.

(3) If the good is knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knit?to?shape components are knit in a single country, territory, or insular possession.

The subject merchandise is classified as a woman’s knit garment in chapter 61 (headings 6101- 6117), HTSUS. The subject merchandise is not knit to shape, and consists of two or more components. As it 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, neither the operations performed in Turkey, nor those performed in Bulgaria are considered the most important assembly operations.

Paragraph (c)(5) states that “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2), (3) or (4) of this section, the country of origin of the good is the last country, territory, or insular possession in which an important assembly or manufacturing process occurred.” In the case of the subject merchandise, the country of origin is Bulgaria, the last country in which an important assembly occurred (i.e., where the side seams are sewn and the sleeves are attached).

HOLDING:

The country of origin of the garment is Bulgaria.

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 sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212?637?7029.

Sincerely,

Robert B. Swierupski

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