Country of Origin determination for men’s trousers

HQ 963801 March 16, 2000 CLA-2 RR:CR:TE 963801 jb CATEGORY: CLASSIFICATION Mr. David Chan Star Blue Apparel, Inc. 22 Camptown Road Irvington, NJ 07111 RE: Country of Origin determination for men’s trousers Dear Mr. Chan: On February 25, 2000, our New York office issued to you New York Ruling Letter (NY) F83162, regarding the country of origin for certain men’s trousers. This letter is to inform you that upon review of that ruling we have found that although the classification of that merchandise in subheading 6203.42.4015, HTSUSA, is correct, the determination that Mongolia is the country of origin for that merchandise is incorrect. The appropriate country of origin for that merchandise is China pursuant to the analysis which follows below. FACTS: The submitted merchandise consists of men’s 100 percent woven cotton trousers. You indicate that the manufacturing operations for the subject merchandise are as follows: China Fabric is cut into component parts Pockets are sewn to the panels Zipper is set on the front panels (we assume this means that the front rise is completed) Outseams are closed by sewing Belt loops are attached to the waistband Mongolia Inseams are closed by sewing Back rise is closed by sewing Waistband is set into the garment by sewing China Finished garment is pressed and packaged ISSUE: What is the country of origin of the subject merchandise? LAW AND ANALYSIS: On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act, codified in 19 U.S.C. 3592, provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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:" If the good consists of two or more component parts, a change to an assembled good of heading 6201 through 6208 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 subject merchandise is classified in heading 6203, HTSUS. As the subject merchandise is 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, territory, or insular possession, Section 102.21(c)(3) is also inapplicable. Section 102.21(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 manufacturing processes to this garment occur at the time the pockets are sewn to the panels, the zipper is set on the front panels, the front rise is completed, and the outseams are closed by sewing, in China. Accordingly, the country of origin for this merchandise is China. HOLDING: NY F83162 is hereby modified. The country of origin for the subject men’s trousers is China. 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 section states that a ruling letter is issued on the assumption that all of the information furnished 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 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. Sincerely, John Durant, Director Commercial Rulings Division