NY 804443 - The Country of origin determination of brassieres; 19 CFR 12.130 - United States International Trade Commision Rulings

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NY 804443

December 15, 1995

CLA-2-62:S:N5:354 804443

CATEGORY: CLASSIFICATION

Mr. Robert B. Silverman
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, NY 10067-0002

RE: The Country of origin determination of brassieres; 19 CFR 12.130

Dear Mr. Silverman:

This is in response to your letter of November 16, 1994, on behalf of your client, Gelmart Industries Inc, requesting the country of origin and marking determinations on two bra styles. The items processed in either the Dominican Republic or Haiti. Our analysis follows.

FACTS

The articles at issue, marked style 5250 and 2166 are brassieres. The fabric for the articles is sourced in several countries. You indicate that the powernet, tricot, lace, narrow and elastic fabrics as well as the foam filler for the bra cups will be sourced in either the Philippines, United States or other countries. No lines of demarcation will be on the materials shipped to the Dominican Republic or Haiti. Additionally the shoulder straps will be made in the Philippines and the accessories(rings, hooks and eyes, and underwire) may be sourced in the U.S., France, the Philippines or other countries.

You have provided this office with the estimates for the cost the fabric materials and for the accessories. You also provide an estimate for the cutting, sewing, finishing and packing operation in both countries.

ISSUE

What is the country of origin and consequent marking for the garments at issue?

LAW and ANALYSIS

Section 12.130(e)(1) of the Customs Regulation (19 CFR 12.130(e)(1) provides that an article will usually be a product of a particular foreign territory or country, or insular possession of the U.S. when, prior to importation into the U.S., it has undergone in that foreign territory or country or insular possession, any of the following:

(i) Dyeing of fabric and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; (ii) Spinning fibers into yarn;
(iii) Weaving, knitting or otherwise forming fabric; (iv) Cutting of fabric into parts and the assembly ot those parts into the completed article; or
(v) Substanial assembly bby sewing and/or tailoring of all cut pieces . . .
[emphasis added]

Section 12.130(e)(1)(iv) states that a textile article will usually be a product of a particular country if the cutting of the fabric into parts and the assembbly of those parts into the completed article has occured in that country. In the case before us all the major components (the cups, sides and back) will cut and assembled into a completed brassiere in the Dominican Republic or Haiti. Based upon the situation described you have satisfied the requirements outlined by this section.

HOLDING

Pursuant to 19 CFR 12.130, the country of origin of these imported brassieres for country of origin, marking, tariff and quota purposes will be the Dominican Republic or Haiti.

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 177.9(b)(1). Customs Regulations (19 CFR 177.9(b)(1). This ssection states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication is accurate and complete in every material respect. Should it subsequently be 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, it is recommended that a new ruling request be submitted in accordance with section 177.2, Customs Regulations (19CFR 177.2).

Sincerely,

Jean F. Maguire
Area Director

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