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NY I87607




November 25, 2002

CLA-2-61:RR:NC:TA:361 I87607

CATEGORY: COUNTRY OF ORIGIN

Mr. Michael S. O’Rourke
Rode & Qualey
Attorneys at Law
55 West 39th Street
New York, NY 10018

RE: Country of origin determination for women’s woven skirts; 19 CFR 102.21(c)(4); Most important assembly or manufacturing operation.

Dear Mr. O’Rourke:

This is in reply to your letter dated October 30, 2002, requesting a country of origin determination for two women’s woven skirts on behalf of Hoi Kosher Garment Factory. The samples and partially assembled panels will be returned, as requested.

FACTS:

Styles AA8160 and AA8161 are women’s 100 percent cotton blue denim woven skirts. The ankle length skirts have two front pockets, a change pocket, two rear pockets, a front zipper closure, with a button at the waistband, and a plain, hemmed bottom.

You have indicated that the skirts will be manufactured as follows:

Style AA8160

China
Fabric cut into components
Front pockets sewn to each front panel
Change pocket sewn onto right front pocket Zipper sewn onto left side of front panel Back yoke sewn onto each back panel
Back pocket sewn onto each back panel
Side seams sewn to join front and back panels

Hong Kong
Zipper sewn onto right side of front panel Front center seam sewn, attaching two front panels below the zipper Back center seam sewn attaching two back panels, and creating slit Waistband sewn to garment
Care label sewn to garment

China
Skirt bottom hemmed
Attach belt loops
Sew leather label to rear waistband
Create button holes and affix buttons and rivets Press, wash, finish, pack

Style AA8161

China
Fabric cut into components
Front pockets sewn to each front panel
Change pocket sewn onto right front pocket Zipper sewn onto left side of front panel Back yoke sewn onto each back panel
Waistband partially attached to back yoke Back pocket sewn onto each back panel
Side seams sewn to join front and back panels

Hong Kong
Zipper sewn onto right side of front panel Front center seam sewn, attaching two front panels below the zipper Back center seam sewn attaching two back panels, and creating slit Complete sewing of waistband to garment
Care label sewn to garment
China
Skirt bottom hemmed
Attach belt loops
Sew leather label to rear waistband
Create button holes and affix buttons and rivets Press, wash, finish, pack

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 6201–6208
(1) 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.

(2) If the good does not consist of two or more component parts, a change to heading 6201 through 6208 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, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.

The subject garment will be classified within the above noted range, in headings 6204. The garment consists of two or more components. 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 the above described manufacturing processes, the most important assembly operations for both styles occur at the time that zipper sewn onto right side of front panel; the front center seam sewn, attaching two front panels below the zipper; the back center seam sewn attaching two back panels, creating slit; and the waistband sewn (or partially sewn) to the garment. Accordingly, the country of origin is the country in which these operations occur, therefore, for both styles, the country of origin is Hong Kong.

HOLDING:

The country of origin for the submitted garment is Hong Kong.

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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