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

NY I80042 May 1, 2002 CLA2-RR:NC:TAB:354 I80042 CATEGORY: Classification Mr. Munford Page Hall, II Dorsey & Whitney LLP 1001 Pennsylvania Avenue Suite 300 South Washington, D.C. 20004 RE: Classification and country of origin determination for brassieres; 19 CFR §102.21(c)(4) Dear Mr. Hall: This is in reply to your letter dated March 29, 2002, requesting a classification and country of origin determination on behalf of Top Form International Limited of Hong Kong, for brassieres that will be imported into the United States. FACTS: The subject merchandise consists of four underwire-padded brassieres. Style 1773 is 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. Style 6506 is similarly constructed with 65% polyester and 35% cotton knitted fabric. Style 75-205 is constructed with an 87% polyester 13% spandex knitted fabric. The last style, 75-805 is constructed with 87% polyester 13% spandex cups and center and sides and back of 93%nylon 7% spandex. The manufacturing operations for the brassieres are as follows: China (all styles) Mold outer cup cover and inner lining Cut outer cups, upper and lower lining and side panels Single needle basting of cup lining to molded foam cup Single needle basting of pads edge Single needle basting of mold cover to cup Styles 75-205 & 75-805 Cutting laminated center gussets, laminated strap extension and front lining Styles 1773 & 6506 Covering liner to pad and trim Single needle basting of top cup Style 1773 Single needle basting of gusset to cup Style 6506 Pre-making of gusset-loop Single needle basting of gusset loop to cup Style 75-805 Trim excess fabrics Thailand (all styles) Cutting the elastic straps to length Insert strap buckle & ring Zigzag stitching the shoulder strap Inserting the strap tape buckle Two-needle wire channeling/binding at cups Zigzag stitching of hook & eye with label Inserting wire into wire loop Trimming buds, elastic straps and miscellaneous trim Pushing wire toward the gusset Style 1773 & 6506 Pre-making of shoulder strap Zigzag stitching of front & back straps Pre-making spaghetti straps Button-sewing of gore’s buckle Zigzag tailoring of elastic to lower panel Zigzag re-stitching of elastic to lower panel Single needle basting of cups to panel Bar-tacking the mouth of panel Trim wire loop channeling at panel Inserting strap & zigzag tailoring of elastic to upper panel Zigzag re-stitching of elastic to upper panel Inserting gore strapping to spaghetti loops & gore’s buckle Single needle stitching of the gore strapping edge Double-tacking of front loop and channeling Styles 75-205 and 75-805 Zigzag stitching of binding to center gusset Three-step zigzag stitching of elastic to lower panel Single needle basting of cups to panels & center gusset Zigzag binding to neckline & strap extension Zigzag binding to underarm & strap extension Bar-tacking center and underarm of loop channeling Styles 1773, 75-205 & 6506 Trim looping of channeling at front Style 1773 Zigzag stitching of shoulder strap to cups Style 75-205 Single needle sewing of front extension to top cup Bar-tacking straps at front & back Style 6506 Triangle tacking of shoulder strap to cups Style 75-805 Trimming of wire loop channeling at center & front panel Overlocking the strap extension to the top cup Zigzag stitching the elastic straps at the front & back ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for styles 1773, 75-205, 6506, and 75-805 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 17.1 percent ad valorem. 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 and manufacturing operations occur during the sewing of the side panels and gussets/gores to the cups, the formation and sewing of the shoulder straps 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 646 733-3054. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division