NY N022104 - Country of origin determination for a jacket; 19 CFR 102.21(c)(2); tariff shift - United States International Trade Commision Rulings

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NY N022104

February 7, 2008

CLA2-OT:RR:NC:TA:359

CATEGORY: COUNTRY OF ORIGIN

Ms. Brenda A. Jacobs
Sidley Austin LLP
1501 K Street, N.W.
Washington, D.C. 20005

RE: Country of origin determination for a jacket; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Jacobs:

This is in reply to your letter dated January 15, 2008, requesting a classification and country of origin determination on behalf of Meng Tong Garment Manufactory Ltd. of Phnom Penh, Cambodia covering a jacket.. For the purposes of this country of origin ruling, you have provided a sample of this garment which is not made to the size specifications which will be used at production and identified as Style 2S1004. The sample provided has the required features for a jacket classifiable in subheading 6102. The submitted sample is being returned to you.

FACTS:

The manufacturing operations for the jacket are as follows:

CHINA:

Fabric is cut into components. Front panels are printed with “18 A 92” and “Athletics”. Individual appliqués spelling “abercrombie” are sewn across the front panels.

CAMBODIA:

Make up pockets. Setting pockets. Marking labels are attached. The shoulder seam, sleeves, side seam, and arm seam are sewn. Hood and collar are made up and attached to garment. Attach zipper. Sew banded bottom to garment. Attach care label. Packing.

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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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, “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, “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,

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 submitted garment is not knit to shape and consists of two or more components.

The term wholly assembled is defined in 19CFR 102.21(b)(6) as follows: Wholly assembled. 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, appliqués, 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 is not knit to shape, consists of two or more components, and is, except for the appliqués, wholly assembled in a single country – Cambodia. Since the appliqués are a minor embellishment, the garment meets the requirements of "wholly assembled" and, therefore, the terms of the tariff shift are met. As the garment is wholly assembled in a single country, that is, Cambodia, as per the terms of the tariff shift requirement, country of origin is conferred in Cambodia.

HOLDING:

The country of origin of the jacket is Cambodia.

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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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