NY J81949 - Country of origin determination for girl’s jumper and pullover; 19 CFR 102.21(c)(1), wholly obtained or produced; 19 CFR 102.21(c)(2); tariff shift. - United States International Trade Commision Rulings

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NY J81949

March 11, 2003

CLA-2-61:RR:NC:TA:358 J81949

CATEGORY: COUNTRY OF ORIGIN

Mr. Arthur Bodek
Mr. Matthew Leader
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue 33rd Floor
New York, NY 10167-3397

RE: Country of origin determination for girl’s jumper and pullover; 19 CFR 102.21(c)(1), wholly obtained or produced; 19 CFR 102.21(c)(2); tariff shift.

Dear Mr. Bodek and Mr. Leader:

This is in reply to your letter dated March 6, 2003, requesting a country of origin determination for a girl’s jumper and pullover set.. The letter is submitted on behalf of your client H.I.S. International. The samples will be returned, as you requested.

FACTS:

The submitted garments, Style A, consists of a cotton denim jumper and a short sleeve pullover. The pullover is made of 65%polyester, 35% cotton knitted fabric. The jumper has four panels in the front, two on the top, and two on the bottom and one back panel. There is one set-in pocket and one heart shaped applique with fringe at the garment front. The neckline and armhole openings are finished by blanket stitching that is in contrasting color. The pullover has elasticized, short puffed sleeves and rib knitted fabric at the neckline. For ruling purposes it is assumed the garments are sized for girls’ 2 to 16.

You have indicated that the jumper set will be maufactured under the following scenario:

Pullover

Fabric knit in China
Components cut in China or Honduras
Components assembled in Honduras

Jumper

Fabric woven in China
Components cut and assembled in China

Once the jumpers are completed, they are shipped to Honduras. In Honduras each Chinese origin jumper is repackaged with a Honduran origin pullover as a set and placed on a plastic hanger for shipment to the United States.

ISSUE
What is the country of origin of the jumper?

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 jumper is wholly obtained or produced in a single country, China, paragraph (c)(1) of Section 102.21 is applicable.

What is the country of origin of the pullover?

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 pullover 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 the girl’s pullover under paragraph (c)(2) of this section":

HTSUS Tariff shift and/or other requirements

6101–6117 1) 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. 2) 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 pullover will be classified within the above noted range, in headings 6110. The garment consists of two or more components and is not knit to shape. As the garment is wholly assembled in a single country, Honduras, the terms of the tariff shift are met.

HOLDING:

The country of origin for the pullover, style A, is Honduras. The country of origin for the jumper, style A, is China.

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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