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NY L86314




August 10, 2005

CLA2-RR:NC:TAB:354 L86314

CATEGORY: COUNTRY OF ORIGIN

Ms. Yvonne Arking
Basic Resources, Inc.
31 West 34th Street
6th Floor
New York, N.Y. 10001

RE: Country of origin determination for a man’s knit boxer/brief; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Arking:

This is in reply to your letter dated July 14, 2005, requesting a country of origin determination for men’s knit underwear boxer/briefs, style# 1001 which will be imported into the United States. Samples were submitted, which will be retained for reference.

FACTS:

You state that the underwear sample is constructed of 92% nylon and 8% spandex knit fabric. The garment is constructed from a tubular knit fabric and features a 1½ inch hemmed waistband, hemmed leg openings and a rectangular shaped sewn-in crotch panel. The crotch component is sewn into place with overlock stitching and, once in place, the gusset/crotch component also creates the inner leg seams. The garment measures approximately nine inches in length from the hemmed waistband to the hemmed leg openings at the bottom. The name George is embroidered along the waistband portion. This garment would be classified in 6107.12.0010, HTS.

The manufacturing operations are as follows:

China
The tube for the body of the garment is knit on a Santoni machine and the top and bottom are seamed The tube for the crotch is knit and the top and bottom are seamed The tubular knit fabrics are shrunk and dyed and sent to Cambodia

Cambodia
A “U” shaped area is cut into the front and back of the main body tube The crotch panel, a rectangular piece, is cut from the crotch tube The crotch panel is sewn onto the brief component, creating the boxer/brief

ISSUE:

What is the country of origin of the subject merchandise?

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the 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, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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 6006, 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, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to 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 undergarment is classified in the above range, specifically in Heading 6107. It is not considered knit to shape and consists of two or more components. As the undergarment is wholly assembled in a single country, that is, Cambodia, as per the terms of the tariff shift requirement, country of origin is conferred in Cambodia.

HOLDING:

The country of origin of the underwear boxer/brief is Cambodia.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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