United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1996 HQ Rulings > HQ 958636 - HQ 958741 > HQ 958667

Previous Ruling Next Ruling
HQ 958667





May 31, 1996
CLA-2 RR:TC:TE 958667 jb

CATEGORY: CLASSIFICATION

Brenda A. Jacobs, Esq.
Powell, Goldstein, Frazer & Murphy
1001 Pennsylvania Avenue, N.W., Sixth Floor Washington, D.C. 20004

RE: Country of origin determination for men's or boys' overalls; 19 CFR ?102.21(c)(4); most important assembly

Dear Ms. Jacobs:

This is in reply to your letter dated November 20, 1995, on behalf of your client, the Singapore Trade Development Board, requesting a country of origin determination for men's or boys' overalls which will be imported into the United States sometime on or after July 1, 1996. No samples were submitted to this office for examination.

FACTS:

The submitted merchandise consists of men's or boys' overalls made up of either cotton fabric or synthetic fibers. The garments feature a front bib pocket, two back patch pockets and two front side seam pockets. The manufacturing operations are as follows:

SCENARIO I

Country B

- pattern for overall is designed and graded; - woven fabric of Hong Kong origin is marked for cutting.

Country A

- fabric is cut to pattern;
- front and back bibs are each assembled, with the shoulder straps attached, and the pockets in front and back are each attached to the appropriate component; - front and back bibs are attached to the pant;

- front and back rise of the pant are assembled; -waist is attached to the front panels of the pant; - button holes and buttons are sewn.

Country B

- in-seam is assembled;
- side seam is assembled;
- belt loops attached;
- inspected for quality control.

Country A

- merchandise is washed, pressed and packed for export.

SCENARIO II

Country B

- pattern for overall is designed and graded; - woven fabric of Hong Kong origin is marked for cutting.

Country A

- fabric is cut to pattern;
- front and back bibs are each assembled, with the shoulder straps attached, and the pockets in front and back are each attached to the appropriate component; - front and back bibs are attached to the pant; - front and back rise of the pant are assembled; - button holes and buttons are sewn.

Country B

- in-seam is assembled;
- side seam is assembled;
- waist is attached to the front panels of the pant; - belt loops are attached;
- inspected for quality control.

Country A

- merchandise is washed, pressed and packed for export.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act 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 foreign material 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) 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":

6101-6117 (1) 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.

As the subject merchandise is assembled in more than one country, the overalls do not meet the terms of the tariff shift. Accordingly Section 102.21 (c)(2) is inapplicable.

Paragraph (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, 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". In the case of the subject merchandise, assembly occurs in both Country A and Country B. It is the opinion of this office that in the case of scenario I, Country A, where the assembly of the front and back bibs, with the attachment of the shoulder straps, and the attachment of the pockets in the front and back to the appropriate component, the attachment of the front and back bibs to the pant, the attachment of the waist to the front panels of the pant, and the attachment of the front and back rise of the pant, constitutes the most important assembly. In scenario II, Country A, where the assembly of the front and back bibs, with the attachment of the shoulder straps, and the attachment of the pockets in the front and back each to the appropriate component, the attachment of the front and back bibs to the pant, and the attachment of the front and back rise of the pant, constitutes the most important assembly.

HOLDING:

The country of origin of the subject men's and boys' overalls in both scenario I and II is Country A.

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 is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

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.

Sincerely,


Previous Ruling Next Ruling

See also: