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HQ 561613

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April 10, 2000

MAR-2 RR:CR:SM 561613 KSG

CATEGORY: MARKING

Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: Country of origin of knit shirts; 19 CFR 102.21; wholly assembled

Dear Mr. Travis:

This is in response to your letter dated December 28, 1999, on behalf of Ghim Li Fashion Co. Pte. Ltd. requesting a ruling on the country of origin of imported knit shirts.

FACTS:

Unisex knit shirts will be imported into the U.S. You submitted a sketch of style 38820. You state that the garments are cut in Country A and wholly assembled in Country B. In Country B, the garments are pressed, folded, put into polybags and packed into cartons for shipment . Israel is not one of the countries involved. This ruling applies to style 38820 only, which you state is classified in heading 6110 of the Harmonized Tariff Schedule of the United States (“HTSUS”). For the purposes of this ruling, we are assuming that this is the correct classification of the good.

ISSUE:

What is the country of origin of the imported knit unisex shirts based on the above description of the manufacturing process?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended, 19 U.S.C. 1304, provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 334 of the Uruguay Round Agreements Act (“Section 334") provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 CFR 102.21) implements section 334. Pursuant to 19 CFR 102.21, the country of origin of a textile or apparel product is determined by sequential application of the general rules set forth in paragraphs (c)(1) through (c)(5).

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, 19 CFR 102.21(c)(1) 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.” You state that style 38820 is classified in heading 6110, HTSUS. Section 102.21(e) states that for goods classified in headings 6101- 6117, HTSUS:

(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....

The term “wholly assembled” is defined in 19 CFR 102.21(b)(6) to mean 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, appliques, 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.

In this case, the shirts referred to as style 38820 are not knit to shape and consist of more than two components. The shirts are wholly assembled in Country B, a single country, territory or insular possession under the description you have provided. Therefore, pursuant to 19 CFR 102.21(c)(2), the country of origin of the shirts is Country B.

HOLDING:

Based upon the information provided and pursuant to 19 CFR 102.21(c)(2), the country of origin of the style 38820 knit shirts is Country B.

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 19 CFR 177.9(b)(1), which states that each ruling letter is issued on the assumption that all of the information furnished and incorporated 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. A change in the facts previously furnished may affect the determination of country of origin. Thus, if there is any change in the facts provided to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director
Commercial Rulings Division


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