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NY I85011




September 3, 2002

CLA-2-61:RR:NC:TA:361 I85011

CATEGORY: COUNTRY OF ORIGIN

Mr. Bernard Seah
Country General Manager
Ghim Li Global PTE. Ltd.
No 41 Changi South Avenue
2 Singapore 486153

RE: Country of origin determination for two women’s knit polo shirts; 19 CFR 102.21(c)(4); most important assembly or manufacturing operation.

Dear Mr. Seah:

This is in reply to your letter dated August 13, 2002, requesting a country of origin determination for two women’s knit polo shirts. The samples will be returned, as you requested.

FACTS:

The submitted garments, styles 1A704 (solid color) and 1A705 (striped) are identical. The garments have a shirt collar; short sleeves with a rib knit cuff; a partial placket opening with a three-button closure; one breast pocket; and a hemmed bottom with side slits. The garments are constructed from 95% cotton, 5% spandex knit fabric.

You have indicated that the shirts may be made under one of the following production plans. These manufacturing operations for the shirts are as follows.

PRODUCTION PLAN I – Styles 1A704/1A705

Country A
Pattern Making and Marking
Fabric is cut into component parts
Make collar
Form and attach placket
Make buttonholes
Attach patch pocket, insert label to side of pocket Hem front and back panels
Form side slits at both sides of the hem

Country B
Join front and back panels at shoulder seams Attach collar
Insert main and care labels at back of the neck Attach sleeves
Join front and back at side seams
Attach rib knit cuff to sleeves
Sew buttons to placket
Trim thread
Final inspection
Pack for export

PRODUCTION PLAN II– Styles 1A704/1A705

Country A
Pattern Making and Marking
Fabric is cut into component parts
Make collar
Form and attach placket
Make buttonholes
Attach patch pocket, insert label to side of pocket Country B
Join front and back panels at shoulder seams Attach collar
Insert main and care labels at back of the neck Attach sleeves
Hem front and back panels
Join front and back at side seams
Attach rib knit cuff to sleeves
Form side slits at both sides of the hem
Sew buttons to placket
Trim thread
Final inspection
Pack for export

PRODUCTION PLAN III– Styles 1A704/1A705

Country A
Pattern Making and Marking
Fabric is cut into component parts
Form and attach placket
Make buttonholes
Attach patch pocket, insert label to side of pocket Join front and back panels at shoulder seams Make collar
Attach collar
Insert main and care labels at back of the neck

Country B
Attach sleeves
Hem front and back panels
Join front and back at side seams
Form side slits at both sides of the hem
Attach rib knit cuff to sleeves
Sew buttons to placket
Trim thread
Final inspection
Pack for export

ISSUE:

What is the country of origin of the subject merchandise?

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 garment 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 of the foreign materials 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) in pertinent part 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":

HTSUS Tariff shift and/or other requirements 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 within the above noted range, in headings 6106. The garment consists of two or more components and is not knit to shape. As the garment is not wholly assembled in a single country, the terms of the tariff shift are not met.

Section 102.21(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, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "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".

Under production plans I and II, the most important assembly operations occur at the time that the front and back panels are joined at the shoulder seams; the collar is attached; the sleeves are attached; the front and back panels are joined at the side seams; and the rib knit cuffs are attached to the sleeves. Accordingly, the country of origin is the country in which these operations occur. Under production plans I and II, the country of origin is country B.

Under production plan III, the most important assembly operations occur at the time that the placket is formed and attached; front and back panels are joined at the shoulder seams; and the collar is attached. Accordingly, the country of origin is the country in which these operations occur. Under production plan III, the country of origin is country A.

HOLDING:

The country of origin for the submitted garments is: Production Plan I – Country B.
Production Plan II – Country B.
Production Plan III – Country A.

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, 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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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