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

NY G85800 March 7, 2001 CLA261:RR:NC:TA:361 G85800 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 women’s knit pajamas; 19 CFR 102.21(c)(4); most important assembly or manufacturing process. Dear Mr. Heng: This is in reply to your letter dated January 17, 2001, requesting a country of origin determination for a woman’s knit nightdress. FACTS: The submitted garment is a pair of women’s pajamas constructed from 60% cotton, 40% polyester lightweight knit fabric. The short sleeve pajama top has a rounded neckline; a full front opening with a button closure; and a hemmed bottom. The placket, neckline and sleeves are trimmed with picot edging. The bottom of each front panel has four rows of horizontal tucking. The pajama bottoms have an elasticized waistband and hemmed leg openings. You have indicated that the style numbers for the garment will be ST411313 and ST411013.  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 Pajama Top & Bottom Patterns are marked and made Country B Pajama Top 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 panel Front panels are pin tucked Placket is attached Placket component is trimmed with picot edging Front and back are joined at the shoulder seams Neck opening is finished with picot edge Sleeve components are trimmed with picot edge Pajama Bottom Piece goods are cut into shaped components Front rise and back rise are sewn Country A Pajama Top Button holes made on the placket; buttons attached Sleeves are attached Front and back panels are joined at the side seams Sleeves openings and bottom are finished. Garments are trimmed and packed for export Pajama Bottom Inseam and outseam are sewn Waistband is made; label attached Leg openings are finished PRODUCTION PLAN II Country A Pajama Top Patterns are marked and made 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 panel Pajama Bottom Patterns are marked and made Piece goods are cut into shaped components Country B Pajama Top Front panels are pin tucked Placket is attached Placket component is trimmed with picot edging Front and back are joined at the shoulder seams Neck opening is finished with picot edge Attach sleeve to body of garment Sleeves are trimmed with picot edge Pajama Bottom Front rise and back rise are sewn Country A Pajama Top Button holes made on the placket; buttons attached Front and back panels are joined at the side seams Sleeves openings and bottom are finished. Garments are trimmed and packed for export Pajama Bottom Inseam and outseam are sewn Waistband is made; label attached Leg openings are finished 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 pajama tops under production plan I, the most important assembly process occurs when the half moon facing is sewn to the inside of the back panel, the placket is attached, and the front and back are joined at the shoulder seams. Consequently, the country of origin of the pajama top under production plan I is “Country B,” the country in which those operations are performed. In the case of the pajama tops under production plan II, the most important assembly process occurs when the placket is attached, the front and back are joined at the shoulder seams, and the sleeves are attached. Consequently, the country of origin of the pajama top under production plan II is “Country B,” the country in which those operations are performed. In the case of the pajama bottoms under production plans I and II, the most important assembly process occurs when the inseam and outseam are sewn, and the waistband is made. Consequently, the country of origin of the pajama bottoms under production plans I and II is “Country A,” the country in which those operations are performed. HOLDING: The country of origin for the submitted pajama tops is Country B under production plans I and II. The country of origin for the submitted pajama bottoms is Country A 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