Classification and country of origin determination for a brassiere; 19 CFR §102.21(c)(4)

NY F88369 July 20, 2000 CLA2-RR:NC:TA:354 F88369 CATEGORY: Classification Mr. Arthur K. Purcell Sandler, Travis & Rosenberg, P.A. 551 Fifth Avenue New York, New York 10176 RE: Classification and country of origin determination for a brassiere; 19 CFR §102.21(c)(4) Dear Mr. Purcell: This is in reply to your letter dated May 31, 2000, requesting a classification and country of origin determination on behalf of Bestform, Inc. for a brassiere which will be imported into the United States. FACTS: The subject merchandise consists of a underwire brassiere constructed of a 74% polyester 18% nylon 8% spandex knitted fabric with a 100% nylon knitted fabric lining which is designated as style 1773. The brassiere features padded cups made of molded polyurethane, adjustable shoulder straps, a rear double hook & eye closure and an adjustable textile strap connecting the two front cups, which is secured in place with a plastic floral clip. The manufacturing operations for the brassiere are as follows: China Molding Cutting Operations Mold outer cup cover and inner lining Cut cups upper lining Cut cups lower lining Cut side panels Assembly Operations Single needle baste upper and lower cup lining Cover liner to pad and trim Single needle baste cup lining to molded cup Single needle baste pads edge Single needle baste top cup Single needle baste mold cover to cup Single needle baste gusset to cup Thailand Strap and Gore Assembly Cut straps Insert strap buckle Zigzag shoulder strap Insert strap tape Pre-make shoulder straps Zipzag front and back straps Pre-make spaghetti straps Insert gore’s buckle Garment Assembly Operations Zipzag tailor elastic to lower panel Zigzag re-stitch elastic to lower panel Single needle baste cups to panel Two needle binding on cups Bar-tack the mouth of panels Trim wire loop channeling at panel Insert strap and zipzag tailor elastic to upper panel Zigzag re-stitch elastic to upper panel Zigzag shoulder strap to cups Insert gore strapping to spaghetti loop Single needle the gore strapping Zigzag hook and eye Single needle the gore strapping Insert wire into wire loop Double tack front loop channeling Trim loop channeling at front Trim buds, elastic straps, miscellaneous trim Insert gore strapping edge into spaghetti loop Push wire toward the gusset ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for style 1773 will be 6212.10.9020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: other . . . of man-made fibers. The duty rate will be 17.3 percent ad valorem. Style 1773 falls within textile category designation 649. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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 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 6210-6212 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. Although the subject brassiere consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, Section 102.21(c)(2) is inapplicable. 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, nor wholly assembled in a single country, Section 102.21 (c)(3) is 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 assembly operations occur at the time of the formation and assembly of the gore & shoulder straps, the assembly of the elasticized side panel and sewing the two panels to the cups, the elasticized upper strap insertion to the panels and the assembly of the underwire, in Thailand. Accordingly, the country of origin for the subject merchandise is Thailand. HOLDING: The country of origin of the brassiere is Thailand. Based upon international textile trade agreements products of Thailand are subject to quota and the requirement of a visa. 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 Brian Burtnik at 212-637-7083. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division