Classification and country of origin for girl’s mock neck jacket; 19 CFR 102.21(c)(4)

NY J81572 March 13, 2003 CLA2-RR:NC:TA:N3:358 J81572 CATEGORY: Classification TARIFF NO. 6102.20.0020 Mr. Bernard Seah Country General Manager Ghim Li Group of Companies No. 41 Changi South Avenue 2 Singapore 486153 RE: Classification and country of origin for girl’s mock neck jacket; 19 CFR 102.21(c)(4) Dear Mr. Seah: This is in reply to your letter dated February 26, 2003, requesting a classification and country of origin determination for a girl’s mock neck jacket, which will be imported into the United States. The style number is 78553. FACTS: The subject baseball style jacket has two patch pockets with scoop openings, a full front zipper opening and rib knit fabric at the neckline, sleeve cuffs and waistband. The item has two parallel bands of contrast colored fabric strips along both outer sleeve sides. The item is made of finely knit jersey fabric that is 100 % cotton. Style 78553 is sized for girls 7 to 16. The article will be manufactured in unnamed countries A, B and C. Five prospective production plans are contemplated. Production Plan One Country A Pattern making and marking Piece goods are cut into component shapes Country B Join front and back panels at the shoulders Attach two pockets to the front panels The sleeves and piping are attached to the main body Rib collar is attached to the main body Insert main and care label on the back of neck Country C Attach zipper to the front panel Attach rib cuff to the sleeve The sleeves are closed The side seams are sewn Attach rib waistband to the main body Trimming of thread Final inspection Packing for export Production Plan Two Country A Pattern making and marking Piece goods are cut into component shapes Attach pockets onto the front panels Join front and back panels at the shoulders The sleeves and piping are attached to the main body Rib collar is attached to the main body Insert main and care label on the back of neck Country B Attach zipper to the front panel The side seams are sewn Attach rib waistband to the main body Attach rib cuff to the sleeve The sleeves are closed Trimming of thread Final inspection Packing for export Production Plan Three Country A Pattern making and marking Piece goods are cut into component shapes Country B Join front and back panels at the shoulders Attach pockets onto the front panels The sleeves and piping are attached to the main body Attach rib to sleeves and close Sewing of side seams Country A Attach zipper to the front panel Rib collar is attached to the main body Insert main and care label on the back of neck Trimming of thread Final inspection Packing for export Production Plan Four Country A Pattern making and marking Piece goods are cut into component shapes Country B Join front and back panels at the shoulders Attach pockets onto the front panels The side seams of front and back panels are partially joined from the bottom Attach rib waistband to the partially joined body Rib collar is attached to the main body Attach zipper onto the main body Insert main and care label on the back of neck Country A The sleeves and piping are attached to the main body Attach rib cuffs to the sleeves and close The side seams are completely joined together The rib waistband is completely joined to the body Trimming of thread Final inspection Packing for export Production Plan Five Pattern making and marking - Piece goods are cut into component shapes - Join front and back panels at the shoulders Attach pockets onto the front panels The side seams of front and back panels are joined Attach rib waistband to join body The sleeves and piping are attached to the main body Attach rib to sleeves and close Country A Attach zipper to front body Rib collar is attached to the main body Insert main and care label on the back of neck Trimming of thread Final inspection Packing for export 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 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 6101-6117 (1) 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. Section 102.21(e) states that the country of origin for the girl’s hooded jacket is the country where the unassembled components are wholly assembled. Accordingly, as the jackets are not assembled in a single country, 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 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". In this case, the assembly of the garment, under the proposed production plans, occurs in countries A, B and C. For Production Plan One, it is the opinion of this office, that the assembly in country B, where, among other activities, the sewing of the two pockets to the front panel, the sewing of the front and back panels on the shoulder seams, the sewing of the rib collar to the main body and the sewing of the sleeves and piping to the main body occur constitute the most important assembly processes. Accordingly, for Production Plan One,, the country of origin of style 78553 is country B. For Production Plan Two, it is the opinion of this office, that the assembly in country A, where, among other activities, the sewing of the two pockets to the front panel, the sewing of the front and back panels on the shoulder seams, the sewing of the rib collar to the main body and the sewing of the sleeves and piping to the main body occur constitute the most important assembly processes. Accordingly, for Production Plan Two, the country of origin of style 78553 is country A. For Production Plan Three, it is the opinion of this office, that the assembly in country B, where, among other activities, the sewing of the two pockets to the front panel, the sewing of the front and back panels on the shoulder seams, the sewing of the sleeves and piping to the main body and the sewing of the side seams occur constitute the most important assembly processes. Accordingly, for Production Plan Three, the country of origin of style 78553 is country B. For Production Plan Four, it is the opinion of this office, that the assembly in country B, where, among other activities, the sewing of the two pockets to the front panel, the side seams of the front and back panels are partially joined from the bottom, the rib waistband is sewn to the partially joined body, the rib collar is attached to the main body and the zipper is sewn to the main body occur constitute the most important assembly processes. Accordingly, for Production Plan Four, the country of origin of style 78553 is country B. For Production Plan Five, it is the opinion of this office, that the assembly in country A, where, among other activities, the sewing of the two pockets to the front panel, the side seams of the front and back panels are joined, the rib waistband is sewn to the joined body and the sleeves and piping are sewn to the main body occur constitute the most important assembly processes. Accordingly, for Production Plan Five the country of origin of style 78553 is country A. HOLDING: The country of origin of the girl’s jacket, style 78553, for Production Plan One, Production Plan Three and Production Plan Four is country B. The country of origin of the girl’s jacket for Production Plan Two and Production Plan Five is country A. Based upon international textile trade agreements products of country A and country B may be 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 Bruce Kirschner at 646-733-3048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division