Country of Origin determination for a woman’s knit nightdress; 19 CFR 102.21(c)(4); most important assembly or manufacturing process.

NY G85748 February 9, 2001 CLA261:RR:NC:TA:361 G85748 CATEGORY: Country of Origin Edward Heng Group Logistics Manager Ghim Li Fashion Co., Pte. Ltd No. 7 Kampong Kaya Road Singapore 438162 RE: Country of Origin determination for a woman’s knit nightdress; 19 CFR 102.21(c)(4); most important assembly or manufacturing process. Dear Mr. Heng: This is in reply to your letter dated January 8, 2001, requesting a country of origin determination for a woman’s knit nightdress. FACTS: The submitted garment is a woman’s knit nightdress. The sleeveless nightdress has a rounded neckline with picot edging; a partial front opening with a three-button closure; picot edged armholes; and a 1-½ inch ruffle at the bottom. You have indicated that the style number for the garment will be 1004112.  You have described two production plans for the manufacturing operations used to produce the garments. This ruling assumes that Country A and Country B will not be the United States, Mexico, Canada or Israel. PRODUCTION PLAN I Country A Patterns are marked and made Back half moon patch is printed and cut to shape Country B Piece goods are cut into shaped components Label is sewn to half moon component Half moon facing is sewn to the inside of the back yoke Right and left back panels are sewn together Back yoke is joined to the back panels Right and left front yokes are pin tucked Right and left front yokes are joined to the front panel Placket is attached Front and back are joined at the shoulder seams Neck opening is finished with capping and picot edge Ruffle is attached Country A Button holes made on the placket; buttons attached Armholes are finished with capping and picot edge Front and back panels are joined at the side seams Garments are trimmed and packed for export PRODUCTION PLAN II Country A Patterns are marked and made Piece goods are cut into shaped components Back half moon patch is printed and cut to shape Country B Label is sewn to half moon component Half moon facing is sewn to the inside of the back yoke Right and left back panels are sewn together Back yoke is joined to the back panels Right and left front yokes are joined to the front panel Right and left front yokes are pin tucked Placket is attached Front and back are joined at the shoulder seams Neck opening and armholes are finished with capping and picot edge Country A Button holes made on the placket; buttons attached Front and back panels are joined at the side seams Ruffle is attached Garments are trimmed and packed for export ISSUE: What is the country of origin of the garment? 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 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”: 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 garment will be classified in heading 6108. The subject garment consists of more than two components that are not knit to shape. As the subject garment is not wholly assembled in a single country, the terms of the tariff shift have not been 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:” 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 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, paragraph (c)(3) is inapplicable. Paragraph (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 garment, for production plans I and II, the most important assembly process occurs when the half moon facing is sewn to the inside of the back yoke; the right and left back panels are sewn together; the back yoke is joined to the back panels; the right and left front yokes are joined to the front panel; the placket is attached; and the front and back are joined at the shoulder seams. Consequently, the country of origin of the subject garment is “Country B,” the country in which those operations are performed. HOLDING: The country of origin for the submitted garment is the Country B under production plans I and II. Based upon international textile trade agreements, this garment may be subject to quota restraints or 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 C.F.R. ?177.9(b)(1). This sections 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 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. 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 De Gaetano at 2126377029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division