NY E88623 - Country of Origin determination for a woman’s knit three-piece pajama set; 19 CFR 102.21(c)(2); tariff shift. - United States International Trade Commision Rulings

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NY E88623

December 3, 1999

CLA261:RR:NC:TA:361 E88623

CATEGORY: COUNTRY OF ORIGIN

Mr. George Koegler
Operations Support Manager
J.C. Penney Purchasing Corporation
6501 Legacy Drive
Plano, Texas 75024-0001

RE: Country of Origin determination for a woman’s knit three-piece pajama set; 19 CFR 102.21(c)(2); tariff shift.

Dear Mr. Koegler:

This is in reply to your letter dated October 7, 1999, requesting a country of origin determination for a three piece pajama set to be imported under style number 112-0440. (See ruling number NY E86749 for the classification of the garments.) The garments will be returned, as you requested.

FACTS:

Style 112-0440 is a woman’s three piece pajama set of 60% cotton, 40% polyester knit fabric. The three pieces consist of a long sleeve top, a tank styled top, and a pajama bottom. You have indicated that these items will be bought and sold as a three piece set.

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

Malaysia

· Fabric is formed

Sri Lanka

· Fabric is cut into component parts

Republic of the Maldives

· Garments are fully assembled

Sri Lanka

· Garments are packed for shipment to the U.S.

ISSUE:

What is the country of origin of these garments?

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 garments of style 112-0440 will be classified in heading 6108. Each garment consists of two or more components, and is not knit to shape. As the garments are wholly assembled in a single country, the Maldives, the terms of the tariff shift are met. Accordingly, the country of origin for the three garments is the Maldives.

HOLDING:

The country of origin for the three garments that make up style 112-0440 is the Maldives. Based upon international textile trade agreements products of the Maldives are subject to the requirement of a visa.

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 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 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.

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 2126377029.

Sincerely,

Robert B. Swierupski
Director,

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