Country of origin determination for a women’s knit pullover; 19 CFR 102.21(c)(5); last important assembly or manufacturing operation. Dear Mr. Seah:

NY I88647 December 20, 2002 CLA-2-61:RR:NC:TA:361 I88647 CATEGORY: Country of Origin Mr. Bernard Seah Country General Manager Ghim Li Global PTE. Ltd. No 41 Changi South Avenue 2 Singapore 486153 RE: Country of origin determination for a women’s knit pullover; 19 CFR 102.21(c)(5); last important assembly or manufacturing operation. Dear Mr. Seah: This is in reply to your letter dated October 29, 2002, received December 2, 2002, requesting a country of origin determination for a woman’s knit pullover. The sample will be returned, as you requested. FACTS: The submitted garment is a woman’s pullover, style AT 1451. The garment has a rib knit collar; a rib knit false partial placket, with three buttons; short sleeves, and a hemmed bottom. The garment also embroidery on the front panel. The garment is constructed from 100 cotton knit fabric with more than nine stitches per two centimeters. You have indicated that the pullover may be made under one of the following production plans. These manufacturing operations for the pullover are as follows. PRODUCTION PLAN I Country A Pattern Making and Marking Fabric is cut into component parts Machine embroidery on front panel Country B Join front and back at shoulder seams Sew labels to center back Attach rib knit to neckline/false placket Country A Attach sleeves Join front and back at side seams Hem garment Hem sleeves Sew buttons Final inspection Pack for export PRODUCTION PLAN II Country A Pattern Making and Marking Fabric is cut into component parts Machine embroidery on front panel Country B Join front and back at shoulder seams Sew labels to center back Attach rib knit to neckline/false placket Country C Attach sleeves Join front and back at side seams Hem garment Hem sleeves Sew buttons Final inspection Pack for export PRODUCTION PLAN III Country A Pattern Making and Marking Fabric is cut into component parts Machine embroidery on front panel Join front and back at shoulder seams Sew labels to center back Attach rib knit to neckline/false placket* Attach sleeves Join front and back at side seams Hem garment Hem sleeves Sew buttons Final inspection Pack for export Note, no conclusion can be drawn for the garments under production plans 4, 5, and 6. No explanation was provided for the rationale of sewing half of a 3.5 inch shoulder seam in two different countries. In addition, it was apparent on the submitted sample that the shoulder seam was completed in a single operation. Also, in the future, please limit your requests to no more than five different manufacturing scenarios. ISSUE: What is the country of origin of the subject merchandise? 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 garment 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 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 within the above noted range, in headings 6110. The garment consists of two or more components and is not knit to shape. As the garment is not wholly assembled in a single country, the terms of the tariff shift are not met. 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 to shape, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable. Section 102.21 (c)(4) states, "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". As the most important assembly or manufacturing processes for the three manufacturing plans noted above, cannot be determined for any of the countries noted above, Section 102.21 (c)(4) is inapplicable. Section 102.21(c)(5) states that “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) or (4) of this section, the country of origin of the good is the last country, territory, or insular possession in which an important assembly or manufacturing process occurred.” Under all of the above production plans, the country of origin is the country in which the last important assembly operations occur. Accordingly, the country of origin under production plan I is country A, under production plan II is country C, and under production plan III is country B. HOLDING: The country of origin for the submitted garment under the production plans is as follows: Production Plan I: Country A Production Plan II: Country C Production Plan III: Country B 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 Angela DeGaetano at 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division