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NY K86240




June 7, 2004
CLA2-61:RR:NC:WA 361 K86240

CATEGORY: COUNTRY OF ORIGIN

Mr. Hong Y. Shen
Weilai American Co., Ltd.
247 West 37th Street, Suite 601
New York, NY 10018

RE: Country of origin determination for a woman’s knit cardigan styled garment, T-shirt and pants; 19 CFR 102.21(c)(2); 19 CFR 102.21(c)(4).

Dear Mr. Shen:

This is in reply to your letter dated May 17, 2004, requesting a country of origin determination for three woman’s knit garments that will be imported into the United States.

FACTS:

Style JL0917032CJ is made up of a jacket and pants, constructed from 80 percent cotton, 20 percent polyester velour knit fabric. The jacket has a hood with a draw cord, a full front opening with a zipper closure, long sleeves with cuffs, pockets at the waist, and a rib knit bottom. A striped panel is inserted along the length of each sleeve.

The pants of style JL0917032CJ has an elasticized waistband with a draw cord and hemmed leg openings. A striped panel is inserted along the length of each leg, at the outer seam.

Style JL0521031MS is a woman’s pullover constructed from 100 percent cotton knit fabric. The garment has a crew neckline, short sleeves with cuffs, and a plain, hemmed bottom.

The manufacturing operations are as follows:

JACKET

KYRGYZSTAN
Cut the fabric to component parts
Attach front and back panels at shoulder seams Attach hood, insert draw cord
Sew striped panel to sleeves
Attach sleeves
Sew sleeves closed
Sew side seams
Attach cuffs
Attach zipper
Attach waistband

CHINA
Attach labels at neckline
Inspection, ironing, and packing for export

PANTS

KYRGYZSTAN
Cut the fabric to component parts
Sew striped panel to back and front leg panels Sew front and back rises
Sew inseams
Hem leg openings

CHINA
Attach elastic to waistband panel
Attach waistband to pants
Insert draw cord
Attach labels
Inspection, ironing, and packing for export

PULLOVER

KYRGYZSTAN
Cut the fabric to component parts
Attach front and back panels at shoulder seams Attach neckband
Attach sleeves
Attach cuffs
Sew sleeves closed
Sew side seams
Hem bottom

CHINA
Attach labels at neckline
Inspection, ironing, and packing for export

ISSUE:

What is the country of origin of the subject merchandise?

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the 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 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.

Section 102.21(b)(6) defines "wholly assembled" as:

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 jacket, pants, and pullover are classified in the above range; are not knit to shape; and consist of two or more components. Both the jacket and the pullover meet the definition of “wholly assembled” therefore the terms of the Tariff shift are met and the country of origin for these two garments is Kyrgyzstan. However, since the pants are assembled in more than one country, territory or insular possession, the terms of the tariff shift are not met and (c)(2) is inapplicable.

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, territory or insular possession, 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 the pants, the most important assembly operations occur at the time that the front and back rises are sewn, the striped panel is sewn to the back and front leg panels, and the inseams are sewn. Accordingly, the country of origin is Kyrgyzstan the country in which these operations occur.

HOLDING:

The country of origin of the jacket, pants and pullover is Kyrgyzstan.

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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