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NY I88642




December 20, 2002

CLA-2-61:RR:NC:TA:361 I88642

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 a women’s knit halter-top; 19 CFR 102.21(c)(4); most important assembly or manufacturing operation.

Dear Mr. Seah:

This is in reply to your letter dated November 28, 2002, requesting a country of origin determination for a woman’s knit halter-top. The sample will be returned, as you requested.

FACTS:

The submitted garment is a woman’s halter top which will be imported under style numbers AS 43-2, AS 43-4, 78544, and 78531. The garment has a v-neckline in front; capping finishing the upper back, armholes, and front neckline, and a tubular waistband. The capping around the armholes extends and becomes the straps that are used to tie around the neck. The front of the garment is fully lined.

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

PRODUCTION PLAN I

Country A
Pattern Making and Marking
Fabric is cut into component parts
Front panel is printed
Capping is sewn onto front panel, attaching the lining

Country B
Capping is sewn to the armhole of front panel, extending to form the ties Main and care label are sewn to the back
Capping is sewn onto the back panel
Side seams are joined, with hanger loop inserted Waistband is attached
Final inspection
Packing for export

PRODUCTION PLAN II

Country A
Pattern Making and Marking
Fabric is cut into component parts
Front panel is printed
Capping is sewn onto front panel, attaching the lining Main and care label are sewn to the back
Capping is sewn onto the back panel

Country B
Capping is sewn to the armhole of front panel, extending to form the ties Side seams are joined, with hanger loop inserted Waistband is attached
Final inspection
Packing for export

PRODUCTION PLAN III

Country A
Pattern Making and Marking
Fabric is cut into component parts
Front panel is printed
Capping is sewn onto front panel, attaching the lining Capping is sewn to the armhole of front panel, extending to form the ties

Country B
Main and care label are sewn to the back
Capping is sewn onto the back panel
Side seams are joined, with hanger loop inserted Waistband is attached
Final inspection
Packing 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 6114. 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 Plan I, the most important assembly operations occur when the capping is sewn to the armhole of front panel, extending to form the ties; the capping is sewn onto the back panel; the side seams are joined, with hanger loop inserted; and the waistband is attached. Accordingly, the country of origin is the country in which these operations occur, country B.

Under Production Plan II, the most important assembly operations occur when the capping is sewn to the armhole of front panel, extending to form the ties; the side seams are joined, with hanger loop inserted; and the waistband is attached. Accordingly, the country of origin is the country in which these operations occur, country B.

Under Production Plan III, the most important assembly operations occur when the capping is sewn to the back; the side seams are joined, with hanger loop inserted; and the waistband is attached. Accordingly, the country of origin is the country in which these operations occur, country B.

HOLDING:

The country of origin for the submitted garment under the three production plans is Country B.

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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