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NY H87593

February 13, 2002

CLA2-RR:NC:3:353 H87593


Mr. Lee Larson
Reliable High Performance Products, Inc.
1721 S Chesterfield Road
Arlington Heights, IL 60005

RE: Country of origin determination for coats, jackets and other wearing apparel; 19 CFR 102.21(c)(2); tariff shift; country of origin marking

Dear Mr. Larson:

This is in reply to your letter dated January 14, 2002, received in this office on January 24, 2002, requesting a country of origin and marking determination for coats, jackets and other wearing apparel which will be imported into the United States.


The subject merchandise consists of coats, jackets and other wearing apparel constructed of knit fabric that has been coated with a compact plastic material that completely obscures the underlying fabric.

The garments have been made in the United Kingdom. The company in the United Kingdom has purchased a plant in Tunisia. The fabric will be made in the United Kingdom. The fabric will be cut to shape and assembled into coats, jackets and other wearing apparel in Tunisia.


What are the classification and country of origin of the subject merchandise?


The merchandise has been imported for over 10 years under subheadings 6113.11.1005 and 6113.00.1012.

There are no quota restrictions or visa requirements for this merchandise.


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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 of the foreign materials 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) in pertinent part 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:”

HTSUS Tariff shift and/or other requirements

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 coats, jackets and other wearing apparel are assembled in a single country, that is, Tunisia, as per the terms of the tariff shift requirement, country of origin is conferred in Tunisia.


The marking statute, section 304, 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Wearing apparel must be marked using sewn-in labels. For coats and jackets the sewn-in labels must be at the nape of the neck midway between the shoulders.

The marking of the goods imported from Tunisia with “Made in Tunisia”, “Product of Tunisia” or “Tunisia”, in a conspicuous, legible and permanent manner as indicated above will satisfy the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134 and is an acceptable country of origin marking for the imported coats, jackets and other wearing apparel.


The country of origin of the coats, jackets and other wearing apparel is Tunisia.

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, 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 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.

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 Kenneth Reidlinger at 646-733-7033.


Robert B. Swierupski

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