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NY J82949




April 25, 2003

CLA-2-61:RR:NC:TA:361 I82949

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 shirt; 19 CFR 102.21(c)(2); and 19 CFR 102.21(c)(4)

Dear Mr. Seah:

This is in reply to your letter dated March 31, 2003, requesting a country of origin determination for a woman’s knit shirt. The sample will be returned, as you requested.

FACTS:

The submitted garment is a woman’s knit shirt to be imported under styles 7052, 7052P, 7052W, 7054 and 7054W. The styles are identical in all respects to the submitted garment, except that styles 7054 and 7054W have 3/4 length sleeves. The submitted garment has a collar; a partial placket opening; long sleeves with cuffs; and a plain, hemmed bottom. The cuffs, collar and placket are woven, the balance of the garment is constructed from knit pointelle fabric. The garment is constructed from 100 percent cotton knit fabric with more than ten stitches per centimeter measured in both the horizontal and vertical directions, and with 100 percent cotton woven fabric.

You have indicated that the shirt may be made under one of the following production plans. These manufacturing operations for the shirts are as follows.

PRODUCTION PLAN I

Country A
Pattern Making and Marking
Fabric is cut into component parts
Collar is constructed
Woven placket is constructed and attached to the front panel Sewing buttonholes onto the front placket Join front and back at shoulder seams
Cuffs are constructed

Country B
Collar is attached to the front and back panels Buttons are sewn onto placket
Sew labels to center back
Front and back panels are hemmed
Attach sleeves
Attach cuffs to sleeves
Join front and back at side seams
Hem sleeves

PRODUCTION PLAN II

Country A
Pattern Making and Marking
Fabric is cut into component parts
Collar is constructed
Cuffs are constructed

Country B
Woven placket is constructed and attached to the front panel Sewing buttonholes onto the front placket Join front and back at shoulder seams
Collar is attached to the front and back panels Buttons are sewn onto placket
Sew labels to center back
Front and back panels are hemmed
Attach sleeves
Attach cuffs to sleeves
Join front and back at side seams
Hem sleeves

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 under both production plans.

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.

In Section 102.21 (6), 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 6106. The garment consists of two or more components and is not knit to shape. Under Production Plan I, as the garment is not wholly assembled in a single country, the terms of the tariff shift are not met. Under Plan II, since the garment meets the definition of “wholly assembled” in a single country, therefore the terms of the tariff shift are met and the country of origin is Country B.

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.

Under Production Plan I, 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 at the time that the collar is attached to the front and back panels, the sleeves are attached, the cuffs are attached to the sleeves, and the front and back panels are joined at the side seams. Accordingly, the country of origin is the country in which these operations occur. Under production plan I, the country of origin is country B.

HOLDING:

The country of origin for the submitted garment under the production plans is as follows: Production Plan I: Country B
Production Plan II: 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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