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NY I85904





October 10, 2002

CLA-2-61:RR:NC:TA:361 I85904

CATEGORY: COUNTRY OF ORIGIN

Mr. Bernard Seah
Country General Manager
Ghim Li Global PTE. Ltd.
No 41 Changi South Avenue
2 Singapore 486153

RE: Country of origin determination for a woman’s knit blouse and a pair of women’s knit trousers; 19 CFR 102.21(c)(4); Most important assembly or manufacturing operation.

Dear Mr. Seah:

This is in reply to your letter dated August 19, 2002, received on September 9, 2002, requesting a country of origin determination for a style you describe as women’s knit pajamas. The sample will be returned, as you requested.

FACTS:

The submitted item, style 278667, consists of a pair of women’s pull-on pants and a blouse constructed from 60% cotton, 40% polyester knit fabric. The blouse has a collar, a full front opening with a button closure, short sleeves and a hemmed bottom with side slits. The pants have an elasticized waistband and hemmed leg openings. You have referred to these garments as pajamas, however, based on appearance, they seem to be capable of multiple uses. As such, and in the absence of persuasive information as to the manner in which they are marketed and sold, these garments will not be classified as sleepwear in heading 6108, but in the headings for blouses and pants.

You have indicated that these items may be made under one of the following production plans. The manufacturing operations for the blouses are as follows: PRODUCTION PLAN I - BLOUSE

Country A
Pattern Making and Marking
Fabric is cut into component parts
Collar is made
Join front and back panels at shoulder seams Attach collar
Sew interfacing to neckline and front opening* Attach labels
Overlock edge of collar and front opening, sleeves and pockets Attach pocket
Make button holes
Attach buttons

Country B
Attach sleeves
Hem bottom
Sew side seams
Form side slits
Pack

Country A
Inspection

PRODUCTION PLAN II - BLOUSE

Country A
Pattern Making and Marking
Fabric is cut into component parts
Collar is made
Join front and back panels at shoulder seams Attach collar
Sew interfacing to neckline and front opening* Attach labels
Overlock edge of collar and front opening, sleeves and pockets Attach pocket
Make button holes
Attach buttons

Country B
Attach sleeves
Hem bottom
Sew side seams
Form side slits
Pack

Country A
Inspection

PRODUCTION PLAN III – BLOUSE

Country A
Pattern Making and Marking
Fabric is cut into component parts
Collar is made
Join front and back panels at shoulder seams Attach collar
Sew interfacing to neckline and front opening* Attach labels
Overlock edge of collar and front opening, sleeves and pockets Attach pocket
Make button holes
Attach sleeves

Country B
Hem bottom
Sew side seams
Form side slits
Attach buttons
Pack

Country A
Inspection

PRODUCTION PLAN IV - BLOUSE

Country A
Pattern Making and Marking
Fabric is cut into component parts
Collar is made
Join front and back panels at shoulder seams Attach collar
Sew interfacing to neckline and front opening* Attach labels
Overlock edge of collar and front opening, sleeves and pockets Attach pocket
Make button holes

Country B
Attach sleeves
Hem bottom
Sew side seams
Form side slits
Attach buttons
Pack

Country A
Inspection

* Based on an examination of the submitted sample, this operation appears to include the attachment of the half moon patch to the inside, and below the neckline and the attachment of the placket to the right and left front panels.

The manufacturing operations for the pants are as follows:

PRODUCTION PLAN II – PANTS

Country A
Pattern Making and Marking
Fabric is cut into component parts
Join back panels to form back rise and front panels to form front rise Join side seams
Join inseams

Country B
Attach waistband to pants
Sew in labels
Machine stitch hem.
Packing

Country A
Final inspection

PRODUCTION PLAN IV – PANTS

Country A
Pattern Making and Marking
Fabric is cut into component parts
Join back panels to form back rise and front panels to form front rise Join side seams
Join inseams

Country B
Attach waistband to pants
Sew in labels
Machine stitch hem.
Packing

Country A
Final inspection

You have also proposed Production Plans I and III. However, in those plans, the operation listed as “The side seams joining front and back are sewn partially” is unclear. Therefore, it is not possible to rule upon these plans.

ISSUE:

What is the country of origin of the subject merchandise?

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 neither garment is 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
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. 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. 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.

The subject garments will be classified within the above noted range, specifically, the pants in heading 6104 and the blouse in heading 6106. The garments each consist of two or more components and are not knit to shape. As the garments are not wholly assembled in a single country, the terms of the tariff shift are not met.

Section 102.21(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, 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".

Under production plan I-blouse, the most important assembly operations occur at the time that the front and back panels are joined at shoulder seams; the collar is attached; the interfacing is sewn to neckline and front opening (signifying the attachment of the half moon inner lining and placket, as noted above); and the pocket is attached. Accordingly, the country of origin is the country in which these operations occur. Under production plan I-blouse, the country of origin is country A.

Under production plan II-blouse, the most important assembly operations occur at the time that the front and back panels are joined at shoulder seams; the collar is attached; the interfacing is sewn to neckline and front opening (signifying the attachment of the half moon inner lining and placket, as noted above); and the pocket is attached. Accordingly, the country of origin is the country in which these operations occur. Under production plan II-blouse, the country of origin is country A.

Under production plan III-blouse, the most important assembly operations occur at the time that the front and back panels are joined at shoulder seams; the collar is attached; the interfacing is sewn to neckline and front opening (signifying the attachment of the half moon inner lining and placket, as noted above); the pocket is attached; and the sleeves are attached. Accordingly, the country of origin is the country in which these operations occur. Under production plan III-blouse, the country of origin is country A.

Under production plan IV-blouse, the most important assembly operations occur at the time that the front and back panels are joined at shoulder seams; the collar is attached; the interfacing is sewn to neckline and front opening (signifying the attachment of the half moon inner lining and placket, as noted above); the pocket is attached; and the sleeves are attached. Accordingly, the country of origin is the country in which these operations occur. Under production plan IV-blouse, the country of origin is country A.

Under production plans II and IV, the most important assembly operations occur at the time that the front panels are joined to form front rise; the back panels are joined to form the back rise; the side seams and inseams joined. Accordingly, the country of origin is the country in which these operations occur. Under production plans II and IV, the country of origin is country A.

HOLDING:

The country of origin for the submitted garment is: Production Plan I, II, III, IV – Blouse - Country A; Production Plan II and IV – Pants - 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, 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 Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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