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NY J80693





February 10, 2003

CLA-2-61:RR: NC:TA:358 J80693

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 pair of girl’s knit trousers; 19 CFR 102.21(c)(4); Most important assembly or manufacturing operation; 19CFR 102.21(c)(5); Last important assembly or manufacturing operation.

Dear Mr. Seah:

This is in reply to your letter dated January 27, 2003, requesting a country of origin determination for a pair of girl’s knit trousers. The sample will be returned, as you requested.

FACTS:

The submitted garment, style MKG 3044, is a pair of girl’s knitted trousers constructed from 80% cotton, 20% velour knitted fabric. The trousers have rear patch pockets with rhinestones, a separate rib knitted elasticized waistband, appliquework with rhinestones on one pant leg, a fabric label with the term McKids ™ at one sideseam and hemmed leg openings. It is assumed the garment is sized for girls’ 2 to 16.

You have indicated that the trousers may be made in unnamed countries A and B under four prospective production plans. These manufacturing operations are as follows.

PRODUCTION PLAN I

Country A

Pattern making and marking
Piece goods are cut into component shapes Machine applique onto the left front panel and sew rhinestones onto them Attach pockets onto the back panels and sew rhinestones onto them Join front panels to form front rise
Join back panels to form back rise
Form waistband

Country B

Join the side seams of front and back
Join the inner seams of front and back
Attach the waistband (with elastic) to the pants Insert the main and care label into the waistband Hem the leg opening
Final inspection
Packing for export

PRODUCTION PLAN TWO

Country A

Pattern making and marking
Piece goods are cut into component shapes Machine applique onto the left front panel and sew rhinestones onto them Attach pockets onto the back panels and sew rhinestones onto them Join front panels to form front rise
Join back panels to form back rise

Country B

Join the side seams of front and back
Join the inner seams of front and back
Form waistband
Attach the waistband (with elastic) to the pants Insert the main and care label into the waistband Hem the leg opening
Final inspection
Packing for export

PRODUCTION PLAN THREE

Country A

Pattern making and marking
Piece goods are cut into component shapes Machine applique onto the left front panel and sew rhinestones onto them Attach pockets onto the back panels and sew rhinestones onto them Join back panels to form back rise
Join the side seams of front and back
Form waistband

Country B
Join front panels to form front rise
Join the inner seams of front and back
Attach the waistband (with elastic) to the pants Insert the main and care label into the waistband Hem the leg opening
Final inspection
Packing for export

PRODUCTION PLAN FOUR

Country A

Pattern making and marking
Piece goods are cut into component shapes Machine applique onto the left front panel and sew rhinestones onto them Attach pockets onto the back panels and sew rhinestones onto them Join back panels to form back rise
Join the side seams of front and back

Country B

Join front panels to form front rise
Join the inner seams of front and back
Form waistband
Attach the waistband (with elastic) to the pants Insert the main and care label into the waistband Hem the leg opening
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 term Wholly assembled is defined as follows:

The term “wholly assembled” when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as “wholly assembled” in a single country, territory, or insular possession.

The subject garment will be classified within the above noted range, in headings 6104. 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".

For Production Plans One and Two, the most important assembly operations are the joining of the side seams of the front and back, the joining of the inner seams of the front and back and the attachment of the waistband to the pant body. Accordingly, for Production Plans One and Two, the country of origin is country B.

Paragraph (c)(5) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2), (3) or (4) of this section, the country of origin of the good is the last country, territory or insular possession in which an important assembly or manufacturing process occurred". Accordingly, in the case of the subject merchandise, under Production Plans Three and Four, the country of origin is conferred by the last country in which an important assembly or manufacturing process occurred. Under Production Plans Three and Four that is country B.

HOLDING:

The country of origin for style MKG 3044 under Production Plans One, Two, Three and Four 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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