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NY G81500




October 17, 2000

CLA261:RR:NC:TA:361 G81500

CATEGORY: COUNTRY OF ORIGIN

Edward Heng
Group Logistics Manager
Ghim Li Fashion Co., Pte. Ltd
No. 7 Kampong Kaya Road
Singapore 438162

RE: Country of Origin determination for a woman’s knit nightdress; 19 CFR 102.21(c)(4); most important assembly or manufacturing process.

Dear Mr. Heng:

This is in reply to your letter dated September 11, 2000, requesting a country of origin determination for a woman’s knit nightdress.

FACTS:

The submitted garment is a woman’s nightdress constructed from 100% cotton knit fabric. The short sleeve nightdress has a rounded neckline with lace trim; a partial front opening with a four button closure; short sleeves with a lace trim; a front yoke decorated with tucking, lace and ribbon; and a hemmed bottom. You have indicated that the following style numbers will be used for the submitted garment: 7926, 7927, 9351 and 9352. You have described two production plans for the manufacturing operations used to produce the garments. This ruling assumes that Country A and Country B will not be the United States, Mexico, Canada or Israel.

PRODUCTION PLAN I

Country A

Patterns are marked and made
Piece goods are cut into shaped components Label is sewn into the half-moon-shaped facing of the back panel Half-moon-shaped facing is attached to back upper panel Front upper panel is attached to front lower panel Placket is attached to front panel
Front is joined to back upper panel at the shoulder seams

Country B

Back upper panel is attached to the back lower panel

Lace is attached to the end of the sleeves

Sleeves are attached to the body of the garment

Front and back of the garment are attached at the side seams

Button holes are slit on the placket, and buttons are sewn on

Bottom is hemmed

Finishing operations including trimming; inspection and packing

PRODUCTION PLAN II

Country A

Patterns are marked and made

Country B

Piece goods are cut into shaped components Label is sewn into the half-moon-shaped facing of the back panel Half-moon-shaped facing is attached to back upper panel Front upper panel is attached to front lower panel Placket is attached to front panel
Front is joined to back upper panel at the shoulder seams

Country A

Back upper panel is attached to the back lower panel

Lace is attached to the end of the sleeves

Sleeves are attached to the body of the garment

Front and back of the garment are attached at the side seams

Button holes are slit on the placket, and buttons are sewn on

Bottom is hemmed

Finishing operations including trimming; inspection and packing

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
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.

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.

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 garment will be classified in heading 6108. The subject garment consists of more than two components that are not knit to shape. As the subject garment is not wholly assembled in a single country, the terms of the tariff shift have not been 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:” 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 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 garment, for production plan I, the most important assembly process occurs when the front upper panel is attached to front lower panel, the placket is attached to front panel, and the front is joined to back upper panel at the shoulder seams. Consequently, the country of origin of the subject garment is “Country A,” the country in which those operations are performed. In the case of the subject garment, for production plan II, the most important assembly process occurs when the front upper panel is attached to front lower panel, the placket is attached to front panel, and the front is joined to back upper panel at the shoulder seams. Consequently, the country of origin of the subject garment is “Country B,” the country in which those operations are performed

HOLDING:

The country of origin for the submitted garment is the Country A under production plan I and Country B under production plan II. Based upon international textile trade agreements, this garment may be subject to quota restraints or 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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