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HQ 963842




March 28, 2000

CLA-2 RR:CR:TE 963842 jb

CATEGORY: CLASSIFICATION

Ms. Stacy Yang
Star Regent International, Inc.
1350 Broadway, #602
New York, NY 10018

RE: Country of Origin determination for men’s trousers

Dear Ms. Yang:

On February 25, 2000, our New York office issued to you New York Ruling Letter (NY) F83114, regarding the country of origin for certain men’s trousers. This letter is to inform you that upon review of that ruling we have found that although both the classification and country of origin determinations rendered in that ruling are correct, the analysis portion of the ruling requires some clarification pursuant to the language set forth below.

FACTS:

The submitted merchandise consists of men’s 100 percent woven cotton trousers. You indicate that the manufacturing operations for the subject merchandise are as follows:

China
Fabric is cut into component parts
Pockets are sewn to the panels
Right side of the zipper is attached to the right side panel Belt loops are attached to the waistband

Mongolia
Left side of the zipper is attached to the left panel All panels are joined to each other
Waistband is set into the garment by sewing

China
Finished garment is pressed and packaged

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Section 334 of that Act, codified in 19 U.S.C. 3592, provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

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 in heading 6203, 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, territory, or insular possession, Section 102.21(c)(3) is also inapplicable.

Section 102.21(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 to this garment occurs at the time the left side of the zipper is attached to the left panel, all the panels are joined to each other, and the waistband is set into the garment by sewing in Mongolia. Accordingly, the country of origin for this merchandise is Mongolia.

HOLDING:

NY F83114 is modified pursuant to the analysis above.

The country of origin for the subject men’s trousers is Mongolia.

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 C.F.R. 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 C.F.R. 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 C.F.R. 177.2.

Sincerely,

John Durant, Director
Commercial Rulings Division

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