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NY E85656





October 8, 1999

CLA261:RR:NC:TA:361 E85656

CATEGORY: COUNTRY OF ORIGIN

Mr. Alan R. Klestadt
Grunfeld, Desiderio, Lebowitz & Silverman LLP Counselors at Law
245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: Country of Origin determination for three women's knitted garments; 19 CFR 102.21(c)(4); most important assembly or manufacturing process.

Dear Mr. Klestadt:

This is in reply to your letter dated August 9, 1999, requesting a country of origin determination for three garments, said to be a women’s three piece pajama set, on behalf of Mast Industries, Inc. The garments will be returned, as you requested.

FACTS:

Style 1019 is a woman’s camisole styled top; style 1020 is a long sleeve cardigan styled top; and style 1070 is a pair of pull on pants. The garments are constructed from 100% cotton knit fabric. You have described the manufacturing operations for the garments as follows:

Style 1019

Sri Lanka

· Fabric is cut into component parts
· Elastic is attached to the top edge of the front and back panels · Size label is attached to the back panel at the neck seam · Attach ID and batch labels

Republic of the Maldives
· Side seams are closed, with care label inserted · Shoulder straps are attached

Sri Lanka

· Bottom is hemmed
· Garment is trimmed, inspected and pressed

Style 1020

Sri Lanka

· Fabric is cut into component parts
· Sleeves are hemmed
· Facing is attached to front panels and neck yoke · Assemble and attach pocket to front panel

Republic of the Maldives
· Front and back panels are joined at the shoulders · Sleeve seams are closed and sleeves are attached to the garment · Side seams are closed, with care label inserted

Sri Lanka

· Facing is attached at neckline
· Size and brand labels are attached to back neckline · Elastic is attached to front opening and around neckline · Back facing is closed
· Bottom is hemmed
· Button holes are created; buttons attached · Garment is trimmed, inspected and pressed

Style 1070

Sri Lanka

· Fabric is cut into component parts

Republic of the Maldives
· Front and back rise are joined
· Outside seams are closed, with label inserted · Inseams are closed

Sri Lanka

· Elastic is measured, cut, and attached to the waistband · Tapes for the waist are measured and cut · Tapes are sewn to the front and back of the waistband · Waistband is closed
· Size label is sewn to the back waist
· Garment is trimmed, inspected and pressed

ISSUE:

What is the country of origin of these garments?

COUNTRY OF ORIGIN  LAW AND ANALYSIS:

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 (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.

2. 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.

3. 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.

All of the subject garments will be classified in headings within the range 6101 to 6117. Each of the subject items consists of two or more components, and is not knit to shape. As the garments are not wholly assembled in a single country, the terms of the tariff shift are not met.

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 to shape nor wholly assembled in a single country, paragraph (c)(3) is inapplicable.

Paragraph (c)(4) states that, “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, the most important assembly operations occur as follows:

For style 1019, at the time that the side seams are closed, with care label inserted and the shoulder straps are attached in the Maldives. Accordingly, the country of origin for this garment is the Maldives.

For style 1020, at the time that the front and back panels are joined at the shoulders; the sleeve seams are closed and the sleeves are attached to the garment; and the side seams are closed, with care label inserted in the Maldives. Accordingly, the country of origin for this garment is the Maldives.

For style 1070, at the time that the front and back rise are joined; the outside seams are closed, with label inserted; and the inseams are closed in the Maldives. Accordingly, the country of origin for this garment is the Maldives.

HOLDING:

The country of origin for styles 1019, 1020 and 1070 is the Maldives. Based upon international textile trade agreements products of the Maldives are subject to the requirement of a visa.

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 C.F.R. '177.9(b)(1). This sections 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 C.F.R. '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 C.F.R. '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 2126377029.

Sincerely,

Robert B. Swierupski
Director,

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