NY J82475 - Country of origin determination for women’s denim jeans; 19 CFR 102.21(c)(2); - United States International Trade Commision Rulings

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NY J82475

April 25, 2003

CLA2-RR:NC:61:N3: J82475

CATEGORY: COUNTRY OF ORIGIN

Mr. David O’Keeffe, Chief Executive Officer Bradmill Pty Ltd.
P.O. Box 4 Yarraville
Victoria 3013 Australia

RE: Country of origin determination for women’s denim jeans; 19 CFR 102.21(c)(2);

Dear Mr. O’Keeffe:

This is in reply to your letter received on March 31, 2003, requesting a country of origin determination for a pair of women’s denim jeans. Although you mentioned several other garments, only the submitted item will be ruled upon. The samples will be returned, as requested.

FACTS:

The submitted garment is a pair of women’s denim jeans with a waistband, six belt loops, a front zipper opening, two front and two rear pockets, and hemmed leg openings. The jeans will be constructed from either 100 percent cotton or 91 percent cotton, nine- percent spandex woven fabric.

You have described the manufacturing operations as follows: The fabric will be woven and cut into components in Australia. The cut components will be shipped to China (or another country) where it will be sewn into garments, packed, then returned to Australia. In Australia, the garments will be inspected and if necessary, minor repairs will be made. The garments will be repacked and shipped to the United States. Since the assembly of the garment may take place in China or in another country, we will refer to this country as the assembly country to avoid confusion.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 subject merchandise 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 garment at issue is classified within the range of headings noted above, specifically, within heading 6204. As it consists of two or more components, and is assembled in one country, the terms of the tariff shift are met. Country of origin is conferred in the assembly country.

HOLDING:

The country of origin of the garments is the assembly country.

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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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