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HQ 959734

October 24, 1996
CLA-2 RR:TC:TE 959734 jb


Flora Najafi
35 North Main
Moab, Utah 84532

RE: Country of origin determination; Section 102.21, Customs Regulations; information letter

Dear Ms. Najafi:

This is in reply to your letter dated July 17, 1996, requesting a country of origin and marking determination and NAFTA eligibility for a variety of garments which will be imported into the United States. No samples were submitted to this office for examination.

In your letter you state that fabrics made of either 100 percent rayon, cotton, silk or linen will be imported from a number of countries (Indonesia, Thailand, India, Hong Kong, China, and Italy) and then sent to Mexico for cutting and assembly into the completed garments.
These garments include women's dresses, skirts, pants, tops, blouses, jumpers and shirts, and men's shirts, pants and Bermuda shorts.

The product descriptions and manufacturing operations you have presented to this office are not sufficiently detailed for Customs to issue a binding country of origin determination. In order for Customs to issue a proper determination, the following information is required:

1) a description of the garment or article, including information on its construction, e.g., knit, knit to shape or woven;

2) a detailed description of each of the manufacturing and assembly processes and the sequence (order) in which they occur;

3) the name of the country in which each of these operations is performed;

4) a sample of the completed garment/article and/or samples representing the various stages of production of the garment as it occurs in each of the countries involved.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 (c)(5) of Section 102.21.

In general, the section 102.21 rules provide that for most garments the country of origin is the single country where the garments are wholly assembled, provided that the garments consist of at least two component pieces which are wholly assembled in that country. In the case of the subject merchandise, if the garments consist of at least two components which are wholly assembled in Mexico, the country of origin of those garments is Mexico. In regard to the NAFTA documentation you requested, you should call the NAFTA center at (214) 574-4061 for additional information.

Although your letter addressed the garments at issue, you did not provide us with sufficient information regarding the manufacturing and assembly operations. Accordingly, until this information is provided to us, we will not be able to issue you a binding ruling.


John Durant, Director

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